Janet Porter as Personal Representative v. Richland Medical Investors, LLC et al

Filing 16

ORDER GRANTING STIPULATED MOTION TO AMNED THE AMENDED COMPLAINT AND REMANDING CASE TO STATE COURT - Plaintiffs Stipulated Motion to Amend the Amended Complaint and for Remand ECF No. 15 is GRANTED. Case remanded to Benton County Superior Court County Superior Court. Signed by Judge Rosanna Malouf Peterson. (VR, Courtroom Deputy)

1
2
3
4
5

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

6
7
8

JANET PORTER, as Personal
Representative for the Estate of Harry
E. Porter (deceased),
Plaintiff,

9
10
11
12
13

v.
RICHLAND MEDICAL
INVESTORS, LLC, doing business as
Life Care Center of Richland; LIFE
CARE CENTERS OF AMERICA,
INC; JOHN DOES 1-5; and JANE
DOES 1-5,

NO: 4:16-CV- 5077-RMP

ORDER GRANTING STIPULATED
MOTION TO AMEND THE
AMENDED COMPLAINT AND
REMANDING CASE TO STATE
COURT

14
Defendants.
15
16

BEFORE THE COURT is Plaintiff’s Stipulated Motion to Amend the

17

Amended Complaint and for Remand, ECF No. 15. The Court has reviewed the

18

motion, the pleadings, and is fully informed.

19

On June 7, 2016, this case was removed from Benton County Superior Court

20

to the United States District Court, Eastern District of Washington. See ECF No.

21

1. Plaintiff filed a First Amended Complaint, ECF No. 6, on August 24, 2016.
ORDER GRANTING STIPULATED MOTION TO AMEND THE AMENDED
COMPLAINT AND REMANDING CASE TO STATE COURT ~ 1

1

Plaintiff now seeks to amend her complaint again, adding a defendant who is a

2

citizen1 of Washington State and, therefore, destroying complete diversity. As this

3

Court’s jurisdiction was premised on diversity jurisdiction pursuant to 28 U.S.C. §

4

1332, the addition of Dr. Victor O. Brooks as a defendant in this case removes this

5

Court’s subject matter jurisdiction. Therefore, the case shall be remanded to state

6

court pursuant to 28 U.S.C. § 1447(e).

7

Defense counsel does not oppose the amendment or remand.

8

Accordingly, IT IS HEREBY ORDERED:

9

1. Plaintiff’s Stipulated Motion to Amend the Amended Complaint and for

10

Remand, ECF No. 15, is GRANTED.

11

2. This case is remanded to Benton County Superior Court.

12

The District Court Clerk is directed to enter this Order, provide copies to

13

Counsel and to the Benton County Superior Court Clerk, and close this case.

14

DATED this 20th day of January 2017.

15
s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge

16
17
1

Plaintiff alleges that the Defendant added to the Amended Complaint, Dr. Victor

18
O. Brooks, is a “resident” of Washington. ECF No. 15 at 1. Although diversity
19
jurisdiction is based on citizenship, not residency, the Court presumes Plaintiff
20
intended to allege that Brooks is a citizen of Washington.
21
ORDER GRANTING STIPULATED MOTION TO AMEND THE AMENDED
COMPLAINT AND REMANDING CASE TO STATE COURT ~ 2