GENERAL INSURANCE COMPANY OF AMERICA v. PYROTEK, INC. et al
Filing
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ORDER GRANTING 14 Motion to Remand. IT IS FURTHER ORDERED that this case shall be REMANDED FORTHWITH to the Court of Common Pleas of Allegheny County, Pennsylvania. Signed by Judge Cathy Bissoon on 10/18/2016. (kg)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
GENERAL INSURANCE COMPANY
OF AMERICA,
Plaintiff,
v.
PYROTEK, INC., et al.,
Defendants.
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Civil Action No. 16-1386
Judge Cathy Bissoon
MEMORANDUM ORDER
Pending before the Court is Plaintiff General Insurance Company of America
(“Plaintiff”)’s Motion to Remand (Doc. 14), which Defendants St. Paul Fire and Marine
Insurance Company, The Travelers Indemnity Company, and Travelers Casualty and Surety
Company (f/k/a The Aetna Casualty and Surety Company) (collectively, the “Travelers
Defendants”) have joined. For the reasons stated below, the Court will GRANT Plaintiff’s
Motion to Remand (Doc. 14) and REMAND this action to Court of Common Pleas of Allegheny
County, Pennsylvania.
MEMORANDUM
A. Background
Plaintiff filed its Complaint in the Court of Common Pleas of Allegheny County on
September 1, 2016. (Complaint, Doc. 1-2). Plaintiff’s Complaint sets forth claims against
numerous defendants, several of which are alleged to be citizens of Pennsylvania (“the
Pennsylvania Defendants”). (See id. at ¶¶ 8, 13, 16, 20). Plaintiff served its Complaint on the
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Pennsylvania Defendants on September 6, 7, 13, and 22. (See Doc. 15-1, Exhibits 1-5). Plaintiff
served the Complaint on the Travelers Defendants on September 7, 2016. (See Doc. 20-1,
Exhibits A & B).
On September 8, 2016, Defendant Pyrotek, Inc. (“Defendant Pyrotek”) unilaterally
removed this matter to this Court without requesting or obtaining the consent of the Travelers
Defendants. (See Notice of Removal, Doc. No. 1; Doc. 20-1, Exhibit C). On October 6, 2016,
Plaintiff filed a timely Motion to Remand (Doc. 14), which the Travelers Defendants moved to
join on October 7, 2016 (Doc. 20). Because it is clear to the Court that Defendant Pyrotek’s
attempt to remove this action is improper, no response from Defendant Pyrotek is necessary, and
Plaintiff’s Motion to Remand will be granted. See Liberty Mut. Ins. Co. v. Ward Trucking
Corp., 48 F.3d 742, 750 (3d Cir. 1995) (explaining that the removal statute “authorizes the
district court to remand [. . . ] without affording [the defendant] an opportunity to respond to [a
remand] motion” whenever subject-matter jurisdiction is at issue).
B. Legal Standard
Pursuant to 28 U.S.C. § 1441(a), “any civil action brought in a State court of which the
district courts of the United States have original jurisdiction, may be removed by the defendant
or the defendants, to the district court of the United States.” 28 U.S.C. § 1441(a); Metro. Life
Ins. Co. v. Taylor, 481 U.S. 58, 63 (1987). After a notice of removal is filed, a plaintiff may
seek to remand the action back to state court under 28 U.S.C. § 1447(c) for “(1) lack of district
court subject matter jurisdiction or (2) a defect in the removal procedure.” Ramos v. Quien, 631
F. Supp. 2d 601, 607 (E.D. Pa. 2008) (quoting PAS v. Travelers Ins. Co., 7 F.3d 349, 352 (3d
Cir.1993)).
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Because federal courts are courts of limited jurisdiction, both the Supreme Court of the
United States and the Court of Appeals for the Third Circuit have recognized that removal
statutes are to be strictly construed against removal and all doubts must be resolved in favor of
remand. Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100, 108–109 (1941); Samuel–Bassett
v. KIA Motors America, Inc., 357 F.3d 392, 396 (3d Cir. 2004) (citing Boyer v. Snap-on Tools
Corp., 913 F.2d 108, 111 (3d Cir. 1990)). The Third Circuit also has repeatedly held that “the
party asserting federal jurisdiction in a removal case bears the burden of showing, at all stages of
the litigation, [. . .] that the case is properly before the federal court.” Frederico v. Home Depot,
507 F.3d 188, 193 (3d Cir. 2007) (citing Samuel–Bassett, 357 F.3d at 396).
C. Analysis
Defendant Pyrotek’s Notice of Removal was improper, and the Court will remand this
matter to the Court of Common Pleas of Allegheny County.
As an initial matter, it appears from the pleadings that the Court lacks subject matter
jurisdiction over this action pursuant to 28 U.S.C. § 1441. Section 1441 provides that “[a] civil
action otherwise removable solely on the basis of the jurisdiction under section 1332(a) of this
title may not be removed if any of the parties in interest properly joined and served as defendants
is a citizen of the State in which such action is brought.” See 28 U.S.C. § 1441(b)(2) (emphasis
added). According to the Complaint, several defendants in this action that have been properly
joined and served are citizens of Pennsylvania. (See Doc. 1-2 at ¶¶ 8, 13, 16, 20). Thus, based
on the allegations in the Complaint, the Court finds that removal was improper under Section
1441. See, e.g., Stunteback v. Janssen Research & Development, LLC, No. CIV.A. 14-1097, 2014
WL 2572784, at *2 (E.D. Pa. June 6, 2014) (“Removal is precluded, however, when one of the
defendants is a citizen of the forum state in which a case is brought.”).
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However, even assuming that Defendant Pyrotek properly removed this action under
Section 1441, the Court still would remand for lack of unanimity under Section 1446(b)(2),
which clearly provides: “When a civil action is removed solely under section 1441(a), all
defendants who have been properly joined and served must join in or consent to the removal of
the action.” See 28 U.S.C. § 1446(b)(2)(A). Here, the Travelers Defendants have refused to
consent to Defendant Pyrotek’s removal of this case. (See Doc. 20-1, Exhibit C). Based on this
procedural defect alone, and because Plaintiff and the Travelers Defendants have timely moved
to remand, the Court will grant their motion and remand this action to the Court of Common
Pleas of Allegheny County. See In re FMC Corp. Packaging Systems Div., 208 F.3d 445, 451
(3d Cir. 2000) (the court may remand a matter for violation of the unanimity rule where, as here,
a party files a timely motion to remand); see also Baldy v. First Niagara Pavilion, C.C.R.L.,
LLC, 149 F. Supp. 3d 551, 564 (W.D. Pa. 2015).
ORDER
For the foregoing reasons, Plaintiff’s Motion to Remand is GRANTED. The Court
hereby REMANDS this action to the Court of Common Pleas of Allegheny County,
Pennsylvania.
IT IS SO ORDERED.
October 18, 2016
s/Cathy Bissoon
.
Cathy Bissoon
United States District Judge
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All Counsel of Record
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