Venvertloh v. Lincoln Military Housing, LLC et al

Filing 20

OPINION AND ORDER : The Court DENIES Plaintiff's Motion to Remand or for Joinder of the United States as a Necessary Party, Doc. 5. Signed by District Judge Henry C. Morgan, Jr on 6/21/2018. (jrin)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

DANTE VENVERTLOH,
Plaintiff,
V.

Civil Action No. 2:18cv8

LINCOLN MILITARY HOUSING, LLC et al.
Defendants.

OPINION & ORDER

This matter comes before the Court on Dante Ventvertloh's ("Plaintiffs") Motion to
Remand and for Joinder of the United States as a Necessary Party ("the Motion"). Doc. 6.

Lincoln Property Company ("LPC"), Lincoln Military Housing, LLC ("LMH"), Mid-Atlantic
Military Family Communities, LLC ("Mid-Atlantic"), and LPC Property Management, LLC

("LPCPM") (collectively "Defendants") oppose the Motion. Doc. 7. The Court held a hearing
on Plaintiffs Motion to Remand on June 19, 2018. For the reasons set forth below, the Court

DENIES Plaintiffs Motion to Remand and for Joinder of the United States as a Necessary Party.
I. BACKGROUND

Plaintiff is an adult who resided in military housing ("Ben Moreell") as a minor child.

Compl ^ 1. Plaintiff alleges that while he resided in Ben Moreell he was exposed to "damp
indoor space," which resulted in a personal injury. Compl. ^ 2. The land on which Ben Moreell
is located (the "Property") is owned by the United States Navy and was leased to Defendants for
the purpose of maintaining military housing.

Id at 7.

When the Property was originally

purchased by the United States Navy, the State ceded exclusive legislative jurisdiction over the
Property to the Navy; however, in 1984 the Navy gave concurrent legislative jurisdiction over

the Property to the Commonwealth of Virginia. Id at 5, Ex. C.
1

Plaintiff began residing in