Ravenscraft v. Journey Lite of Cincinnati, LLC

Filing 15

ORDER OF REMAND. Signed by Judge Timothy S. Black on 2/8/2017. (mr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Case No. 1:16-cv-821

MARY RAVENSCRAFT,
Plaintiff,

Judge Timothy S. Black

vs.
JOURNEY LITE OF
CINCINNATI, LLC,
Defendant.
ORDER OF REMAND
On February 13, 2016, in consolidated Case No. 1:16-cv-004, this Court entered
an Order remanding to state court 227 civil actions alleging medical malpractice by
Abubakar Atiq Durrani, M.D., which state cases had been removed to this Court. The
Court found that the state civil actions did not comprise a mass action as defined in the
Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1332(d)(11). Defendants appealed the
order of remand to the Court of Appeals for the Sixth Circuit. The Court of Appeals
denied that appeal and subsequently issued their mandate in that case. See Daniel et al. v.
Ascira Partners, LLC et al., Sixth Circuit Case No. 16-3549, Docs. 38, 52.
The present case was removed by Defendant under the same mass action theory
presented in consolidated Case No. 1:16-cv-004. Because that theory of removal has
already been held to be improper by the Court of Appeals for the Sixth Circuit, remand is
appropriate in this case. Accordingly, (1) This case is REMANDED to the state court
from which it was removed; (2) the Clerk shall enter Judgment accordingly; and (3) this
case is TERMINATED from the docket of this Court.
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IT IS SO ORDERED.
2/8/17
Date: _______________

_______________________
Timothy S. Black
United States District Judge

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