Laudermilt v. Taggart Global, LLC et al

Filing 49

MEMORANDUM OPINION AND ORDER: defendant Taggart having failed to satisfy its burden of proving that removal was proper from state court to federal court; the court REMANDS this case to the Circuit Court of McDowell County, West Virginia. Signed by Judge David A. Faber on 10/3/2012. (cc: counsel of record and clerk of court for Circuit Court of McDowell County) (mjp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
PAUL E. LAUDERMILT,
Plaintiff,
v.

CIVIL ACTION NO: 1:11-0288

TAGGART GLOBAL, LLC,
Defendant.
MEMORANDUM OPINION AND ORDER
In a Memorandum Opinion and Order entered on September 12,
2012, this court granted Defendant Taggart Global, LLC
(“Taggart”) ten days from that time to satisfy its burden of
preserving removal from state court to federal court.
48, p. 4.

Doc. No.

Specifically, the court directed Taggart to

clearly establish (1) whether it is a corporation or
limited liability company under Pennsylvania law, (2) if
Taggart is a limited liability company, the citizenship of
each of its members, and (3) any other facts that would
help this court determine whether federal subject matter
jurisdiction exists in this case.
Id.

The court clearly indicated that failing to respond within

the ten days allotted would result in this case being remanded
to state court for Taggart’s failure to satisfy its burden of
proving that removal was proper in the first instance.

Id.

Now, well over the ten day deadline, the court so proceeds.
Accordingly, the court now REMANDS this case to the Circuit
Court of McDowell County, West Virginia, for the reasons stated

in the court’s September 12, 2012 Memorandum Opinion and Order.
See Doc. No. 48.
The Clerk is directed to send copies of this Memorandum
Opinion and Order to counsel of record and the clerk of court
for the Circuit Court of McDowell County.
IT IS SO ORDERED on this 3rd day of October, 2012.
ENTER:
David A. Faber
Senior United States District Judge