Woodson et al v. Parker et al

Filing 13

MEMORANDUM OPINION AND ORDER re: 11 Joint Stipulation to Remand: The parties' request to remand is GRANTED and the court REMANDS this case to the Circuit Court of McDowell County, West Virginia. Signed by Senior Judge David A. Faber on 8/28/2014. (certified cc: counsel of record; any unrepresented party and Clerk, Circuit Court of McDowell County) (arb)

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

CARLLEEN WOODSON, et al.,
Plaintiffs,
v.

Civil Action No: 1:14-20295

CHRYSLER GROUP LLC, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER
Pending before the court is the joint agreement of
plaintiffs and defendants to remand this case to Circuit Court
of McDowell County, West Virginia (Doc. No. 11).
Defendants removed the case to this court, pursuant to 28
U.S.C. § 1452(a), which allows for the removal of a case to
federal court if the case is related to a bankruptcy proceeding.
Plaintiffs’ initial complaint included a punitive damages claim
which, according to defendants, fell under Title 11 of the
Bankruptcy Code because such a claim not only affected the
bankruptcy estate but also was in contravention of certain
orders of the Bankruptcy Court.

After removal to this court,

plaintiffs subsequently amended their complaint and eliminated
their claim for punitive damages (Doc. No. 8).
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Having

eliminated the punitive damages claim which was the basis for
this court’s jurisdiction and the reason for removal, this court
now lacks subject matter jurisdiction.
For the aforementioned reasons, the parties’ request to
remand is GRANTED, and the court REMANDS this case 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.
IT IS SO ORDERED this 28th day of August, 2014.
Enter:

David A. Faber
Senior United States District Judge

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