Tharp et al v. Verizon Communications, Inc. et al

Filing 35

ORDER GRANTING PLAINTIFFS MOTION TO REMAND DKT. NO. 21 . REMANDS this case to the Circuit Court of Harrison County, West Virginia. Signed by District Judge Irene M. Keeley on 7/29/2011. (Copy counsel of record via CM/ECF, Circuit Court Of Harrison County via US mail) (jmm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
LISA M. THARP and TRAVIS N. THARP,
Plaintiff,
v.

//

CIVIL ACTION NO. 1:11CV84
(Judge Keeley)

VERIZON COMMUNICATIONS, INC.,
VERIZON WEST VIRGINIA, INC.,
ANDREA L. CUSTIS, VICTORIA L.
BOSTON, CORBY MILLER and
BARBARA TERWILLIGER,
Defendants.

ORDER
GRANTING PLAINTIFFS’ MOTION TO REMAND [DKT. NO. 21]
The defendants, Andrea L. Custis and Victoria L. Boston,
removed this case from the Circuit Court of Harrison County, West
Virginia, on the grounds that the claims of the plaintiffs, Lisa M.
Tharp

and

Travis

N.

Tharp

(collectively

“the

Tharps”),

are

completely preempted by the Labor Management Relations Act of 1947,
29 U.S.C. § 185 (“LMRA”), and the Employee Retirement Income
Security Act, 29 U.S.C. § 1001, et seq. (“ERISA”).
The Tharps moved to remand this case on the grounds that their
claims are not completely preempted.
Order

entered

this

date

in

the

In a Memorandum Opinion and

case

of

Brosius

v.

Verizon

Communications Inc., et al., No. 11CV38 (N.D.W. Va.), the Court

THARP, ET AL. V. VERIZON COMMUNICATIONS, INC., ET AL.

1:11CV84

ORDER
GRANTING PLAINTIFFS’ MOTION TO REMAND [DKT. NO. 21]
explains its reasons for remanding that case to the Circuit Court
of Harrison County, West Virginia.

Other than the identity of the

plaintiff and the inclusion of a claim for loss of consortium, the
material considerations of this case are indistinguishable from the
material considerations addressed in Brosius.
The legal principles set forth in Brosius compel the Court to
conclude that, at bottom, none of the Tharps’ claims is preempted
either by the LMRA or ERISA.

Accordingly, the Court GRANTS the

Tharps’ motion to remand (dkt. no. 21), and REMANDS this case to
the Circuit Court of Harrison County, West Virginia.
It is so ORDERED.
The Court directs the Clerk to transmit copies of this Order
to counsel of record, and to mail a copy to the Circuit Court of
Harrison County, West Virginia.
DATED:

July 29, 2011.
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE