ESTATE OF MICHAEL P MAZZA et al v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION et al

Filing 26

OPINION filed. Signed by Judge Anne E. Thompson on 9/4/2018. (mps)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ESTATE OF MICHAEL P MAZZA,
DONALD MAZZA, and DARA MAZZA,
Plaintiffs,

Civ. No. 18-10028

v.

OPINION

NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION (NCAA), MOUNT IDA
COLLEGE, MUTUAL OF OMAHA
INSURANCE, CATLIN INSURANCE
COMPANY, ROBERT MCCLOSKEY
INSURANCE, BMI BENEFITS, LLC,
ABC CORPS 1–10, and JOHN DOES 1–
10,
Defendants.
THOMPSON, U.S.D.J.
INTRODUCTION
This matter comes before the Court upon the Motion to Remand by Defendant National
Collegiate Athletic Association (“NCCA”). (ECF Nos. 9–10.) No party has timely filed
opposition, so the Court considers the Motion unopposed. See L. Civ. R. 7.1(d)(2). The Court has
decided this matter based upon the written submission of Defendant NCAA and without oral
argument pursuant to Local Civil Rule 78.1(b). For the reasons stated herein, the Motion to
Remand is granted.
BACKGROUND
This case arises from the death of Michael Mazza, which was allegedly caused by a
conditioning workout in which he participated as part of the Mount Ida College football team.
(See generally Am. Compl., ECF No. 1-2.) Plaintiff originally filed this action in February 2018
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in the Superior Court of New Jersey, Law Division, Monmouth County. (Notice Rmv’l ¶ 1, ECF
No. 1.) On June 1, 2018, Defendant Mount Ida College removed to this court. (See generally id.)
On July 2, 2018, Defendant NCAA moved to remand the case back to the Superior Court of New
Jersey. (ECF Nos. 9–10.) This Motion is presently before the Court.
LEGAL STANDARD
A defendant may remove a civil action filed in state court to the federal court where the
action might originally have been brought. 28 U.S.C. § 1441(a). However, the federal court to
which the action is removed must have subject matter jurisdiction. Id. Federal district courts have
subject matter jurisdiction on the basis of diversity when the action arises between citizens of
different states, and the amount in controversy exceeds $75,000. 28 U.S.C. § 1332(a)(1). To
establish complete diversity of citizenship between the parties, each plaintiff must be a citizen of
a different state from each defendant. Owen Equip. & Erection Co. v. Kroger, 437 U.S. 365, 373
(1978). “If at any time before final judgment it appears that the district court lacks subject matter
jurisdiction, the case shall be remanded” to state court. 28 U.S.C. § 1447(c).
DISCUSSION
Subject matter jurisdiction in this case is premised on diversity. (Notice Rmv’l ¶ 5; see
also Am. Compl. ¶¶ 26–46 (asserting only state law claims).) Plaintiffs are citizens of New
Jersey. (Notice Rmv’l ¶ 6.) Defendant NCAA is an unincorporated association. (Mot. Remand at
3, ECF No. 10.) For the purposes of subject matter jurisdiction, an unincorporated association is
deemed a citizen of every state where its members are citizens. Carden v. Arkoma Assocs., 494
U.S. 185, 195–96 (1990); Charles Alan Wright et al., 13F Federal Practice and Procedure
Jurisdiction § 3630.1 (3d ed., Apr. 2018 update). NCAA has many members in New Jersey, see
NCAA Member Institutions, http://www.ncaa.org/about/resources/research/ncaa-member-

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institutions (last visited Aug. 29, 2018), making NCAA a citizen of New Jersey, among other
states. Because Plaintiffs are not diverse from Defendant NCAA, this court lacks subject matter
jurisdiction. See Owen, 437 U.S. at 373. The case must therefore be remanded to the Superior
Court of New Jersey.
CONCLUSION
For the foregoing reasons, Plaintiff’s Motion is granted, and the case remanded. An
appropriate Order will follow.

Date:

9/4/2018

/s/ Anne E. Thompson
.
ANNE E. THOMPSON, U.S.D.J.

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