GAME TIME LASER TAG ADVENTURE, LLC. v. MillsSERVICES CORP.

Full title: Game Time Laser Tag Adventure, LLC, Plaintiff, v. Mills Services Corp. and…

Court: United States District Court, S.D. Ohio, Eastern Division

Date published: Feb 8, 2006

Case No. 2:05-cv-1094 (S.D. Ohio Feb. 8, 2006)

Opinion

Case No. 2:05-cv-1094.

February 8, 2006

ORDER

GEORGE SMITH, District Judge

MillsServices Corp. and Tuttle Crossing Associates II LCC (collectively, "Mills") move to remand this action to state court on the ground that it was wrongfully removed by third-party defendant Karlton D. Williamson, Executor of the Estate of Victoria Williamson ("Williamson"). The Sixth Circuit has ruled that a third-party defendant may not remove a state court action to federal court. First Nat'l Bank of Pulaski v. Curry, 301 F.3d 456 (6^th Cir. 2002). Moreover, the motion to remand is unopposed. Indeed, Williamson has filed a notice (Doc. 6) purporting to withdraw the removal petition.

The Court GRANTS Mills' motion to remand (Doc. 4). The Court REMANDS this action to the Court of Common Pleas of Franklin County, Ohio.

Mills may file a petition and affidavit for attorney fees and expenses within twenty-one days after the date of this order.

The Clerk shall remove this case from the Court's pending cases list.

The Clerk shall remove Doc. 4 from the Court's pending motions list.

IT IS SO ORDERED.