Reid et al v. Daniel et al

Filing 14

ENTRY AND ORDER GRANTING REID'S MOTION TO REMAND (Doc. 11 ) AND REMANDING THIS MATTER TO THE MONTGOMERY COUNTY PROBATE COURT. Signed by Judge Thomas M Rose on 8/25/14. (ep)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
WORRELL A. REID, ADMINISTRATOR
OF THE ESTATE OF QULO DANIEL,
et al.,
Case No. 3:14-cv-223
Plaintiffs,
Judge Thomas M. Rose
-vGAYLE DANIEL, et al.,
Defendants.
______________________________________________________________________________
ENTRY AND ORDER GRANTING REID’S MOTION TO REMAND (Doc.
#11) AND REMANDING THIS MATTER TO THE MONTGOMERY
COUNTY PROBATE COURT
______________________________________________________________________________
This action was originally filed in the Probate Court of Montgomery County, Ohio. It
was subsequently removed to this Court on July 9, 2014, by Defendant Metropolitan Life
Insurance Co. (“MetLife”) based upon this Court having federal question subject matter
jurisdiction. (Doc. #1.)
On July 14, 2014, MetLife filed a Motion seeking an extension of time to file an answer
to the Complaint. (Doc. #5.) On July 16, 2014, Gayle Daniel (“Daniel”), another Defendant, filed
two Motions for extensions of time to answer. (Docs. #6 and #7.) The Court then issued an
expedited briefing schedule on these motions for time extensions.
On July 16, 2014, Plaintiff Worrell A. Reid as Administrator of the Estate of Qulo Daniel
(“Reid”) dismissed MetLife and requested that the matter be remanded to the Montgomery
County Probate Court. (Doc. #9.) On July 18, 2014, Reid objected to the Motions for time
extensions. Reid argued that MetLife had been dismissed so the matter should be remanded and

that Daniel had already had ample time to answer.
On July 22, 2014, Reid moved to remand the matter to the Montgomery County Probate
Court because the Complaint no longer includes a federal question since MetLife has been
dismissed. (Doc. #11.) On July 29, 2014, Daniel filed an answer. (Doc. #12.)
The time has run and the Court has received no response to Reid’s Motion To Remand. It
is, therefore, ripe for decision.
After the dismissal of MetLife, there is no longer a federal question. Therefore, this Court
no longer has subject matter jurisdiction. This matter must, therefore, be remanded to the
Montgomery County Probate Court.
DONE and ORDERED in Dayton, Ohio this Twenty-Fifth day of August, 2014.

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

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