Echard et al v. West Virginia Veteran's Nursing Facility et al

Filing 12

MEMORANDUM OPINION AND ORDER granting 10 MOTION by Dana Echard to remand this action to Kanawha County Circuit Court. Signed by Judge John T. Copenhaver, Jr. on 11/6/2017. (cc: counsel of record; any unrepresented parties) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
DANA ECHARD, individually
and on behalf of the wrongful
death beneficiaries of LESLIE
EUBANK,
Plaintiff,
v.

Civil Action No. 2:17-cv-03530

WEST VIRGINIA VETERANS NURSING
FACILITY and JAMES B. HILL,
Defendants.
MEMORANDUM OPINION AND ORDER
Pending is Dana Echard’s (“Ms. Echard”) motion to
remand, filed October 10, 2017.

Ms. Echard initiated this

action in Kanawha County Circuit Court on April 17, 2017.

She

alleges that the West Virginia Veteran’s Nursing Facility
(“WVVNF”) and Dr. James B. Hill (“Dr. Hill”) negligently cared
for the deceased, Leslie Eubank, resulting in his death.
Because Dr. Hill is an employee of the Federal
Veteran’s Administration, the United States removed the action
to this court on July 6, 2017, pursuant to 28 U.S.C. §§ 2679,
1442, and 1446.

On August 23, 2017, the court dismissed Dr.

Hill from the action according to an agreed order.

Ms. Echard

now seeks to remand the action to state court for lack of

SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
THOMAS PARKER,
subject Plaintiff,
matter jurisdiction.

The WVVNF does not object to

v. remand.

Civil Action No. 15-14025

THE DOW CHEMICAL COMPANY LONG TERM DISABILITY PROGRAM,
an Employee Welfare Benefits Plan,
Subject matter jurisdiction in the United States
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON,
a Massachusetts Corporation, through either federal question or
district courts can arise and
DOES 1 THROUGH 10, inclusive,
diversity. See 28 U.S.C. § 1331, 1332 (2015). For cases
Defendants.
removed from a state court to a district court, “[i]f at any
ORDER AND NOTICE
time before final judgment it appears that the district court
Pursuant to L.R. Civ. P. 16.1, it is ORDERED that the
following dates are hereby fixed as the time by or on which
lacks subject matter jurisdiction, the case shall be remanded.”
certain events must occur:
Id. § 1447(c). The under remaining claim in this case is a
01/28/2016
Motions only F.R. Civ. P. 12(b), together with
supporting briefs, memoranda, affidavits, or other
state-law negligence actionsupport thereof. (All motions
such matter in against the WVVNF, a state agency.
unsupported by memoranda will be denied without
Accordingly,prejudice pursuant to L.R. Civ. P. 7.1 (a)). over
the court lacks subject matter jurisdiction
the action, Last the action must be remanded.
and day for Rule 26(f) meeting.
02/08/2016
02/15/2016

Last day to file Report of Parties= Planning
Meeting. See it Civ. P. 16.1.
For this reason,L.R. is ORDERED that Ms. Echard’s

motion to
02/22/2016 remand this action to Kanawha County at the Robert C.
Scheduling conference at 4:30 p.m. Circuit Court be,
Byrd United States Courthouse in Charleston, before
and hereby is, granted.
the undersigned, unless canceled. Lead counsel
directed to appear.
02/29/2016

Entry of scheduling to forward copies of this
The Clerk is directed order.

03/08/2016 opinion and order to all counselP of record disclosures.
Last day to serve F.R. Civ.
26(a)(1) and any
written
The Clerk is requested to transmit this Order and
unrepresented parties.
Notice to all counsel of record and to any unrepresented
parties.

ENTER: November 6, 2017
DATED:

January 5, 2016

John T. Copenhaver, Jr.
United States District Judge

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