ZWIEBEL v. Plastipak Packaging, Inc et al

Filing 10

ENTRY AND ORDER GRANTING ZWIEBEL'S MOTION TO REMAND (Doc. # 6 ) AND REMANDING THIS MATTER TO THE COURT OF COMMON PLEAS OF SHELBY COUNTY, OHIO. Signed by Judge Thomas M Rose on 8/25/11. (bac1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
MARK ZWIEBEL,
Case No. 3:11-CV-239
Plaintiff,
Judge Thomas M. Rose
-vPLASTIPAK PACKAGING, INC.,
et al.,
Defendants.
______________________________________________________________________________
ENTRY AND ORDER GRANTING ZWIEBEL’S MOTION TO REMAND
(Doc. # 6) AND REMANDING THIS MATTER TO THE COURT OF
COMMON PLEAS OF SHELBY COUNTY, OHIO
______________________________________________________________________________
Plaintiff Mark Zwiebel (“Zwiebel”) filed his Complaint in the Court of Common Pleas of
Shelby County, Ohio, on June 13, 2011. (Doc. #3.) Zwiebel’s Complaint was timely removed to
this Court on July 13, 2011.1 (Doc. #1) Zweibel subsequently filed a Motion To Remand (doc.
#6) that is now ripe for decision.
Zwiebel’s Complaint was removed by Defendant Plastipak Packaging, Inc. (“Plastipak”)
on the basis of federal question jurisdiction. Plastipak alleged that Zweibel’s Complaint brings
claims pursuant to the Occupational Safely and Health Act and the Due Process Clause of the
U.S. Constitution.
On August 3, 2011, Zwiebel filed a First Amended Complaint (doc. #7) and a Motion To
Remand (doc. #6). Zwiebel’s Motion To Remand asserts that he has not made any federal claim,
and that his claim is a state claim for wrongful discharge in violation of public policy.

1

Service had not been perfected on Rick Naegele, the other named defendant.

On August 24, 2011, Plastipak confirmed that Zwiebel’s First Amended Complaint
asserts an Ohio cause of action for violation of public policy. (Doc. #9.) Plastipak also consents
to remand of this matter.
The First Amended Complaint asserts an Ohio claim for wrongful discharge in violation
of public policy. The Parties do not argue otherwise. Therefore, this Court does not have subject
matter jurisdiction and this matter is hereby remanded to the Court of Common Pleas of Shelby
County, Ohio.
DONE and ORDERED in Dayton, Ohio this Twenty-Fifth day of August, 2011.

s/Thomas M. Rose
_______________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
Copies furnished to:
Counsel of Record