MEHALICH v. FEDEX FREIGHT INC. et al

Filing 12

ORDER of Remand to Court of Common Pleas of Allegheny County FORTHWITH for lack of jurisdiction, as explained therein. Signed by Judge Terrence F. McVerry on 8/21/14. (mh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

)
)
)
) 2:14-cv-873
v
)
)
FEDEX FREIGHT INC.
)
a corporation, and VINCENT E. MCCUE,
)
Defendants.
)
)
ORDER OF COURT
MICHAEL MEHALICH,
Plaintiff,

AND NOW, this 21st day of August, 2014, upon consideration of: (1) Plaintiff’s
Complaint in a civil action filed in the Court of Common Plea of Allegheny County in which
Plaintiff pleads damages for personal injuries in excess of $35,000.00; (2) Defendants’ Notice of
Removal to this Court in which it contends that there is diversity of citizenship and that due to
the personal injuries allegedly sustained by Plaintiff the value of his claims exceed the federal
jurisdictional amount of $75,000.00; (3) Defendants’ Answer, which contests every aspect of
Plaintiff’s injuries and damages; (4) the Court’s Case Management Conference today, at which it
was revealed that the settlement discussions among counsel for the parties reflect a demand from
Plaintiff and offer from Defendant which are both far below the jurisdictional amount necessary
to justify federal diversity jurisdiction; and (5) 28 U.S.C. §§ 1446(c) (regarding the amount in
controversy) and 1447 (regarding remand to the state court):

NOW, THEREFORE, the Court concludes that it lacks subject-matter jurisdiction over
this case; Defendant’s Notice of Removal is DENIED; and this case is REMANDED to the
Court of Common Pleas of Allegheny County forthwith.
The clerk of Court shall docket this case closed.
BY THE COURT:
s/Terrence F. McVerry
United States District Judge
cc:

Christopher S. Hallock, Esquire
Email: [e-mail]
John A. Caputo, Esquire
Email: [e-mail]
James A. Wescoe, Esquire
Email: [e-mail]
Matthew R. Zwick, Esquire
Email: [e-mail]