State v. Nationwide Affinity Insurance Company of America, et al

Filing 38

MEMORANDUM OPINION AND ORDER granting plaintiff's 12 MOTION to Remand to Circuit Court of McDowell County. Plaintiff's Motion for costs is DENIED. Signed by Judge David A. Faber on 3/18/2014. (certified cc: counsel of record and Circuit Court Clerk of McDowell County) (mjp)

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

STATE EX REL. PATRICK MORRISEY,
ATTORNEY GENERAL OF THE STATE
OF WEST VIRGINIA
Plaintiff,
v.

Civil Action No: 1:13-02677

NATIONWIDE AFFINITY INSURANCE
COMPANY OF AMERICA, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER
Pending before the court is plaintiff’s motion to remand
case to Circuit Court of McDowell County and for costs (Doc. No.
12).

Initially, defendants opposed remand and requested a stay

pending the outcome of a Supreme Court decision which would
likely be dispositive of plaintiff’s motion.
and 26.

See Doc. Nos. 18

The Supreme Court issued its opinion in Mississippi ex

rel. Hood v. AU Optronics Corp., 134 S. Ct. 736 (2014) on
January 14, 2014, holding that a suit filed by the State of
Mississippi as the sole plaintiff was not removable as a “mass
action” under the Class Action Fairness Act even though there
were 100 or more unnamed individuals who were the real parties
in interest as beneficiaries to the state’s claims.
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In light of

this dispositive Supreme Court decision, plaintiff filed a
supplemental memorandum in support of the motion to remand (Doc.
No. 36), and defendants withdrew their opposition to remand
(Doc. No. 37).
Pursuant to Mississippi ex rel. Hood, this case does not
constitute a “mass action” under the Class Action Fairness Act.
This court lacks subject matter jurisdiction.

As such,

plaintiff’s motion to remand is GRANTED, and the court REMANDS
this case to the Circuit Court of McDowell County, West
Virginia.

Plaintiff’s motion for costs is DENIED.

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.
IT IS SO ORDERED this 18th day of March, 2014.
Enter:

David A. Faber
Senior United States District Judge

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