Lane v. Eagle Express Lines, Inc. et al
Filing
9
Memorandum Opinion and Order: This case was originally filed in the Court of Common Pleas for Mahoning County Ohio. This case is not removable to federal court. It is appropriate for the Court to remand the case to the Mahoning County, Ohio Common Pleas Court (related document 8 ). Judge Benita Y. Pearson 12/29/2014. (R,Li)
PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
JEREMIAH LANE,
Plaintiff,
v.
EAGLE EXPRESS LINES, INC., et al.,
Defendants.
)
)
)
)
)
)
)
)
)
CASE NO. 4:14CV2677
JUDGE BENITA Y. PEARSON
MEMORANDUM OF OPINION
AND ORDER
This action is before the Court upon Defendant Eagle Express Lines, Inc.’s Response to
Court Order of December 11, 2014 (ECF No. 8).
On October 23, 2014, Plaintiff filed a complaint in the Mahoning County, Ohio Court of
Common Pleas, being Case No. 2014 CV 02733 against Eagle Express Lines, Inc., Richard
Gromley, Operator 6 Executive Security, LLC, SP Construction, and SDP, LLC. Defendant
Eagle Express Lines, Inc. removed the case to this Court on December 5, 2014, on the basis of
diversity of citizenship jurisdiction under 28 U.S.C. § 1332(a). Notice of Removal (ECF No. 1)
at PageID #: 2, ¶ 6. Defendant Richard Gromley, however, is a resident of the State of Ohio.
Complaint (ECF No. 1-1) at PageID #: 5; Plaintiff’s Motion to Remand (ECF No. 7) at PageID #:
36, ¶ 26; ECF No. 8 at PageID #: 62. Furthermore, the Complaint (ECF No. 1-1) presents no
cognizable federal claim.
Section 1441(b)(2), 28 U.S.C. expressly prohibits removal in the circumstances presented
by the case at bar. Defendant Eagle Express Lines, Inc.’s removal of the instant case from state
to federal court was improper, as a resident defendant cannot remove. Section 1441(b)(2)
(4:14CV2677)
provides: “A civil action otherwise removable solely on the basis of the jurisdiction under
section 1332(a) of this title 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.” Defendant
Richard Gromley, a citizen of Ohio, was served on December 15, 2014.
This case was originally filed in the Court of Common Pleas for Mahoning County, Ohio
and Defendant Eagle Express Lines, Inc. concedes that Defendant Richard Gromley is a resident
of Ohio. ECF No. 8 at PageID #: 62. As a result, this case is not removable to federal court. See
Thompson v. Karr, No. 98-3544, 1999 WL 519297, at *3 (6th Cir. July 15, 1999) (Defendants’
removal of the case from state to federal court was improper.). Therefore, it is appropriate for the
Court to remand the case to the Mahoning County, Ohio Common Pleas Court.1
IT IS SO ORDERED.
December 29, 2014
Date
/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge
1
Defendant augurs an intention to consolidate the instant matter with another
pending in federal court. As the Court lacks jurisdiction, remand, not consolidation, is
appropriate.
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?