W. 6 Restaurant Group Ltd., et al., v. Bengtson et al

Filing 14

Opinion and Order For the reasons stated in the Order, the Court denies Plaintiffs' 5 Motion to Remand. Should discovery show that Defendant Butler still lives in Ohio, however, the Court will remand the case. Signed by Judge Dan Aaron Polster on 12/12/2017. (K,K)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

W. 6 RESTAURANT GROUP LTD.,
d/b/a Barley House of Cleveland,
Plaintiff,
vs.
RICHARD BENGTSON, et al.,
Defendants.

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CASE NO. 1:17 CV 2521

JUDGE DAN AARON POLSTER

OPINION AND ORDER

This case is before the Court on Plaintiffs’ Motion to Remand. (Doc #: 5.) For the
following reasons, the Court DENIES the Motion.
I.
On December 1, 2017, Plaintiffs W. 6 Restaurant Group Ltd., which owns and operates
The Barley House Cleveland (“Barley House”), and Richie Madison, a security guard for Barley
House, filed a Verified Complaint in state court against Defendants Richard Bengtson and Alissa
Violet Butler. The Complaint alleges that Defendants visited Barley House on the evening of
Saturday, November 25, 2017, and remained on the property past normal business hours until
security personnel were forced to remove them from a restricted area of the property at
approximately 2:30 a.m. on Sunday, November 26, 2017. The Complaint further alleges that
Defendants were physically and verbally combative with Barley House security personnel as
they were escorted off the property, and that they continued to engage in altercations with third

parties while lingering outside the Barley House premises. The Complaint alleges that
Defendants, who have millions of followers across numerous social media platforms, used their
online fame to engage in a cyber-bullying campaign against Plaintiffs, Barley House employees,
and their patrons. As a result, Plaintiffs filed the following state-law claims against Defendants:
defamation, false light, intrusion upon seclusion, tortious interference with business
relationships, intentional infliction of emotional distress, assault, and battery--seeking
compensatory and punitive damages and preliminary and permanent injunctive relief.
On November 30, 2017, Plaintiffs obtained an ex parte Temporary Restraining Order
against Defendants from the state court judge that enjoins them from, among other things,
disseminating false or misleading information about the incident, publishing any statements,
videos, or images on social media platforms concerning Plaintiffs, their employees and patrons,
continuing to engage in their cyber-bullying and cyber-attack campaigns, being present within
500 feet of Barley House, and having any type of contact with Barley House and its employees.
On December 4, 2017, Defendants removed the case to federal court based on the Court’s
diversity jurisdiction over the state law claims, asserting that Plaintiffs are Ohio citizens and,
although the Complaint states that Defendant Butler is a resident of Ohio where she grew up,
Defendants are both citizens of California. They simultaneously filed an Emergency Motion to
Dissolve Temporary Restraining Order. (Doc #: 3.)
On December 5, 2017, Plaintiffs filed the pending Motion to Remand. (Doc #: 5.)
Plaintiffs claim that Butler is in fact domiciled in Ohio because she was born in Ohio, graduated
from Brunswick High School in 2014, the State of Ohio issued her last driver’s licence at her
parents’ address, and her car was purchased in Ohio and registered to her parents’ address. (Id.)

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On December 7, 2017, Defendants filed an opposition to the Motion wherein Defendant
Butler formally declares that she has resided in Southern California since June 3, 2015, her
driver’s license was issued to her by the State of California in 2016 (a picture of her current
license is attached), she no longer owns the car that was registered in Ohio, her money and bank
account are located in California, and she visits her family in Ohio about 3 to 4 times a year.
(Doc #: 12.)
II.
Based on Defendant Butler’s declaration and evidence, the Court DENIES Plaintiffs’
Motion to Remand. (Doc #: 5.) Should discovery show that Butler still lives in Ohio, however,
the Court will remand the case.
IT IS SO ORDERED.

/s/ Dan A. Polster December 12, 2017
Dan Aaron Polster
United States District Judge

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