Barton v. Polk et al

Filing 30

ORDER GRANTING JOINT MOTION 29 TO REMAND. Case remanded to Circuit Court of Jefferson County, West Virginia. Signed by District Judge Gina M. Groh on 8/1/2013. Certified copy of Order, docket sheet and remand letter mailed to Jefferson County Circuit Court.(tlg)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF WEST VIRGINIA
MARTINSBURG

VALERI DILLOW,
CHIKA GERLADINE AHUNANYA,
ERNEST AKNONWAH,
TABITHA BARRETT,
AMANDA BARTON,
JAMIE BEACHLEY,
CHRISTINE KAMUGA,
NIKKI KENDIG,
DIVINE KUM,
LAVERNE PAULINE WATERS,
SUFYAN TURAY,
VICTORINE NGANG,
NUR MUHAMMED, and
STEPHANIE MITCHELL,

CIVIL ACTION NO. 3:12-CV-98
3:12-CV-99
3:12-CV-100
3:12-CV-101
3:12-CV-102
3:12-CV-103
3:12-CV-104
3:12-CV-105
3:12-CV-106
3:12-CV-107
3:12-CV-108
3:12-CV-109
3:12-CV-110
3:12-CV-111

Plaintiffs,
v.

(JUDGE GROH)

CHARLES H. POLK,
MOUNTAIN STATE UNIVERSITY, INC.,
MOUNTAIN STATE UNIVERSITY BUILDING COMPANY,
MOUNTAIN STATE UNIVERSITY FOUNDATION, INC., and
MOUNTAIN STATE UNIVERSITY ENDOWMENT FUND INC.,
Defendants.
ORDER GRANTING JOINT MOTION TO REMAND
This matter is currently before the court on the parties’ Joint Motion to Remand [Doc.
29] filed on July 25, 2013. The parties move, pursuant to 28 U.S.C. § 1447(c), for an order
remanding this case to the Circuit Court of Jefferson County, West Virginia. For the
following reasons, the Court GRANTS the parties’ joint motion to remand.

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I. Background
On August 6, 2012, Plaintiffs, former nursing students at Mountain State University,
Inc., filed their Complaints in the Circuit Court of Jefferson County, West Virginia. On
August 22, 2012, Defendant Charles H. Polk was served with Plaintiffs’ original Complaints.
The remaining Defendants Mountain State University, Inc., Mountain State University
Building Company, Mountain State University Foundation, Inc., and Mountain State
University Endowment Fund, Inc. did not receive service of the original Complaints.
On September 4, 2012, Plaintiffs filed their First Amended Complaints in the Circuit
of Jefferson County, West Virginia. Plaintiffs alleged nine causes of action in their
Amended Complaints. Plaintiffs’ first cause of action arises under the Federal Racketeer
Influenced and Corrupt Organizations Act, 18 U.S.C. § 1692(c) and (d). On September 5,
2012, Defendants Mountain State University, Inc., Mountain State University Building
Company, Mountain State University Foundation, Inc., and Mountain State University
Endowment Fund, Inc. accepted service of the First Amended Complaints. On September
20, 2012, Defendants filed their Notice of Removal to remove this action to the United
States District Court for the Northern District of West Virginia. On December 21, 2012, this
Court denied Plaintiffs’ motion to remand the case to state court because it had original
jurisdiction over Plaintiffs’ Count One of their Amended Complaints involving claims under
the federal Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 et seq.
On April 3, 2013, the parties filed a Joint Motion to Stay Proceedings and Refer
Cases to Mediation. The parties requested that this Court stay its proceedings and refer
the cases to mediation by the Resolution Judges of West Virginia’s Mass Litigation Panel,
the Honorable Booker T. Stephens and the Honorable Jay M. Hoke. On May 28, 2013, this
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Court granted in part and denied in part the parties’ motion. The Court granted a stay in
the cases and referred them to mediation. However, the Court denied the parties’ motion
to specifically refer the cases to West Virginia’s Mass Litigation Panel for mediation
because “the Court has no authority to order such action and the Mass Litigation Panel .
. . declined to mediate the . . . cases.”
On July 1, 2013, Plaintiffs filed their “Motion for Leave to File Amended Complaint.”
Defendants authorized Plaintiffs to indicate to the Court that they did not object to the
amendment of the pleadings, and Defendants did not file a response. On July 22, 2013,
this Court granted the Plaintiffs’ Motion to Amend their complaints. On the same date,
Plaintiffs filed their Amended Complaints. On July 25, 2013, the parties filed a Joint Motion
to Remand the case to the Circuit Court of Jefferson County, West Virginia.
II. Analysis
When an action is removed from state court, a federal district court is required to
determine whether it has original jurisdiction over the plaintiff’s claims. “Federal courts are
courts of limited jurisdiction. They possess only that power authorized by constitution and
statute, . . . which is not to be expanded by judicial decree.” Kokkonen v. Guardian Life
Ins. Co. of Am., 511 U.S. 375, 377, 114 S. Ct. 1673 (1994). In this case, the Court denied
the Plaintiffs’ first Motion to Remand because it had federal question jurisdiction under 28
U.S.C. § 1331. This Court found federal question jurisdiction because Plaintiffs’ Count One
of their Complains alleged claims arising under the laws of the United States, specifically
under 18 U.S.C. § 1962. This Court exercised supplemental jurisdiction pursuant to 28
U.S.C. § 1367 over the remaining state law claims.

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However, on July 22, 2013, Plaintiffs filed their Amended Complaints deleting their
claims under the federal Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C.
§ 1962(c) and (d). The remaining claims are all state law claims. Therefore, this Court is
divested of jurisdiction as no federal question claims remain. Additionally, this Court does
not have diversity jurisdiction pursuant to 28 U.S.C. § 1332 because the case lacks
complete diversity as required by the statute. Additionally, all parties agree that a remand
to the Circuit Court of Jefferson County, West Virginia, is appropriate.
28 U.S.C. § 1447(c) provides that “[i]f at any time before final judgment it appears
that the district court lacks subject matter jurisdiction, the case shall be remanded.”
Because this Court lacks subject matter jurisdiction, it must be remanded. Accordingly, this
Court GRANTS the parties’ Joint Motion to Remand.
III. Conclusion
For the foregoing reasons, this Court hereby GRANTS the parties’ Joint Motion
to Remand [Doc. 29]. This Court ORDERS the case to be remanded to the Circuit
Court of Jefferson County, West Virginia.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to all counsel of record
herein. The Clerk is also directed to mail a certified copy of the order of remand and a
copy of the docket sheet to the clerk of the Circuit Court of Jefferson County, West
Virginia.
DATED: August 1, 2013

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