Chamberlain v. 37th Parallel Properties Investment Group LLC et al

Filing 27

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 4/29/15. (tdai, )

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

DANIEL R. CHAMBERLAIN,

Plaintiff,
V.

Case No. 3:15-cv-00080

37TH PARALLEL PROPERTIES

INVESTMENT GROUP, LLC,
EDWARD P. BARRISKILL,
and

CHAD A. DOTY,

Defendants.

OPINION

Three owners of a limited liability company dispute their ownership percentages of the
company. One owner brought this suit in state court against the other owners, alleging he owns

eighteen percent of the company. He asks that a court find that he is an owner, officer, and
manager of the company.

One of the defendants removed the case to this Court under its

diversity jurisdiction. Because there is a question of whether this Court has diversity jurisdiction
to hear the case, this Court addresses its jurisdiction before deciding any claims on the merits.
The plaintiff, Daniel R. Chamberlain, sued 37th Parallel Properties Investment Group,
LLC ("37th Parallel"), Edward P. Barriskill, and Chad A. Doty in state court. Barriskill removed

this case to federal court based on diversity jurisdiction. {See Dk. No. 15.) Although plaintiff
consented to removal (Dk. No. 19), this Court has an independent obligation to ensure it has

subject matter jurisdiction. 28 U.S.C. § 1447(c). Upon reviewing the facts, the Court concludes
it lacks jurisdiction and remands this case to the Henrico County Circuit Court.