LEE v. PATEL et al

Filing 11

ORDER THAT PLAINTIFF'S MOTION TO REMAND TO STATE COURT 3 IS GRANTED. THIS ACTION IS REMANDED TO THE COURT OF COMMON PLEAS OF BUCKS COUNTY, ETC. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 06/01/2017. 06/02/2017 ENTERED AND COPIES E-MAILED.(nds)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOSEPH LEE,
Plaintiff,
v.
ARPAN NALIN PATEL, et al.
Defendants.

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CIVIL ACTION
NO. 17-01996

O R D E R
AND NOW, this 1st day of June, 2017, upon
consideration of Plaintiff’s uncontested Motion to Remand (ECF
No. 3), it is hereby ORDERED that:
1.

For the reasons stated on the record,

Plaintiff’s Motion to Remand to State Court (ECF No. 3) is
GRANTED.1
2.

This action is REMANDED to the Court of Common

Pleas of Bucks County, Pennsylvania.2

1

The Court declines to award any attorney’s fees
pursuant to 28 U.S.C. § 1447(c). Further, given the decision
to remand, the Court need not decide the pending motions to
dismiss in this case (ECF Nos. 2, 4).
2

The Court finds that the Notice of Removal was
untimely filed, as it was filed on May 1, 2017, 34 days after
Defendants’ receipt of the initial pleading on March 27, 2017.
See 28 U.S.C. § 1446(b) (“The notice of removal of a civil
action or proceeding shall be filed within 30 days after the
receipt by the defendant . . . of a copy of the initial

AND IT IS SO ORDERED.

/s/ Eduardo C. Robreno
EDUARDO C. ROBRENO, J.

pleading . . . .”). Additionally, the Court finds that it does
not have jurisdiction because all Defendants are citizens of
Pennsylvania. See 28 U.S.C. § 1441(b)(2) (“A civil action
otherwise removable solely on the basis of the jurisdiction
under section 1332(a) . . . may not be removed if any of
the . . . defendants is a citizen of the State in which such
action is brought.”).