Mounts v. Waddell, et al

Filing 7

MEMORANDUM OPINION AND ORDER granting plaintiff's 5 MOTION to Remand to Circuit Court of McDowell County. The Clerk is further directed to remove this matter from the court's docket. Signed by Senior Judge David A. Faber on 7/12/2016. (certified cc: counsel of record, any unrepresented parties and Clerk, McDowell County Circuit Court) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD

ENOCH MICHAEL MOUNTS, II,
Plaintiff,
v.

Civil Action No: 1:12-04653

EULA M. WADDELL, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER
Pending before the court is plaintiff’s motion to remand
this case to Circuit Court of McDowell County.

(Doc. No. 5).

Plaintiff initially filed this case in state court, alleging
negligence on the part of defendants, including defendant
Waddell, his ex-wife.

(Doc. No. 6 at 1).

Defendants removed

the case to this court pursuant to 28 U.S.C. § 1452, which
allows for the removal of a case to federal court if the case is
related to a bankruptcy proceeding.

At the time, defendant

Waddell was involved in bankruptcy proceedings in the Southern
District of West Virginia and defendants argued that plaintiff’s
claims could alter defendant Waddell’s liabilities and impact
the administration of her bankruptcy estate.

(Doc. No. 1 at 2).

By order entered September 26, 2012, this court stayed

1 

proceedings in this case pursuant to the automatic stay imposed
by the bankruptcy court.

(Doc. No. 4).

In his motion to remand, plaintiff asserts that the
bankruptcy proceedings which permitted removal of this case are
now closed.1

(Doc. No. 6 at 1; see also Doc. No. 88, In re. Eula

Mae Mounts, Case No. 1:10-bk-10103, Bankr. S.D.W. Va.).

As no

other avenue for subject matter jurisdiction over this
controversy exists, the court must remand the case.
Accordingly, plaintiff’s motion to remand is GRANTED and the
court ORDERS this case remanded to the Circuit Court of McDowell
County, West Virginia.
The Clerk is directed to send a certified copy of this
Memorandum Opinion and Order to all counsel of record and the
Clerk of the Circuit Court of McDowell County, West Virginia.
The Clerk is further directed to remove this matter from the
court’s docket.
IT IS SO ORDERED this 12th day of July, 2016.
Enter:
David A. Faber
Senior United States District Judge

1

Defendants did not respond to plaintiff’s motion to remand.
2