Thomas Percy Inc v. Morriss & Associates, et al

Filing 14

ORDER REMANDING CASE TO STATE COURT. Signed by Thomas M Rose on 02/07/08. (phil1, )

Thomas Percy Inc v. Morriss & Associates, et al

Doc. 14

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
Thomas Percy, Inc., Plaintiff, v. Gregory K. Gilreath, Defendant/Third-Party Plaintiff, . v. Moriss & Associates, et al., Third Party Defendant, v. Unnamed Third-Party Defendants. Case No. 3:08-cv-004 Judge Thomas M. Rose

ORDER REMANDING CASE TO STATE COURT On January 16, 2008, this Court ordered "Third-Party Defendants...to show cause why the instant matter should not be remanded to state court by February 5, 2008." Doc. 8 at 2. The reason the Court ordered Third-Party Defendant to show cause, was because the Court questioned whether it had jurisdiction to hear a case removed by a third-party defendant. The Court understands that removal may only be performed by a defendant. "[T]he Sixth Circuit [has] concluded that a third-party defendant is not a defendant for purposes of removal under

Dockets.Justia.com

28 U.S.C. § 1441." Goff v. Goff, 2006 WL 319045, *2 (E.D. Ky. 2006) (citing First National Bank of Pulaski v. Curry, 301 F.3d 456 (6th Cir. 2002)). As of today, neither Third-Party Defendant, nor any other party has explained to the Court why the instant case should not be remanded. Wherefore, the clerk is ORDERED to remand the instant case to the Miami County, Ohio Court of Common Pleas. The instant case is ORDERED removed from the dockets of the United States District Court for the Southern District of Ohio. DONE and ORDERED in Dayton, Ohio, this Thursday, February 7, 2008.

s/Thomas M. Rose ________________________________ THOMAS M. ROSE UNITED STATES DISTRICT JUDGE

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