RICHARD v. WEST-WARD PHARMACEUTICALS et al

Filing 10

MEMORANDUM ORDER granting 5 Plaintiff's Motion to Remand; Remanding this action to the Superior Court of New Jersey, Monmouth County. Signed by Judge Michael A. Shipp on 9/14/2015. (eaj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

MARY ELIZABETH RICHARD,
Plaintiff,

Civil Action No. 15-2039 (MAS) (LHG)
MEMORANDUM ORDER

v.

WEST WARD PHARMACEUTICALS, et
al.,
Defendants.

This matter comes before the Court on the motion to remand by Plaintiff Mary Elizabeth
Richard ("Plaintiff'). (ECF No. 5.) Defendants West-Ward Pharmaceuticals, Inc. and David Waite
(collectively, "Defendants") indicated that they will not file opposition to Plaintiffs motion. (ECF
No. 7.) Here, Defendants removed the matter from state court based on diversity jurisdiction
pursuant to 28 U.S.C. §§ 1332(a)(l) and 1441. (Notice of Removal ("NOR") iii! 4-9, ECF No. 1.)
The Notice of Removal provides that Defendants accepted service on March 3, 2015. (NOR ii 3.)
In addition, Defendants acknowledge that West Ward Pharmaceuticals is a citizen of New Jersey
for purposes of28 U.S.C. § 133l(a)(l). (NOR ii 7.)
Pursuant to 28 U.S.C. § 144l(b), "[a] civil action otherwise removable solely on the basis
of [diversity of citizenship] may not be removed if any of the parties in interest properly joined
and served as defendants is a citizen of the State in which such action is brought." Since West
Ward Pharmaceuticals was properly joined and served as a defendant and is a citizen of New
Jersey, the Court finds good cause to grant Plaintiffs motion.
Accordingly,
IT IS, on this

~ay of September 2015, ORDERED that:

1.

Plaintiff's motion to remand is GRANTED.

2.

This matter is remanded to the Superior Court of New Jersey, Monmouth County.

M~
UNITED STATES DISTRICT JUDGE