Opinion
Case No. 3:14-cv-045
02-14-2014
RUZA SOJIC, as Personal Representative of the Estate of Goran Sojic, et al., Plaintiffs, v. JOSHUA KARP, et al., Defendants.
Judge Thomas M. Rose
ENTRY AND ORDER REMANDING THIS MATTER TO THE COURT
OF COMMON PLEAS, MONTGOMERY COUNTY, OHIO
This matter was removed from the Court of Common Pleas, Montgomery County, Ohio by Defendant Love's Travel Stops & Country Stores, Inc. ("Love's") pursuant to 28 U.S.C. §§ 1441 and 1446. (Doc. #1.) Before proceeding, this Court must confirm whether removal was proper.
On the face of the Complaint, the Plaintiffs are citizens of Illinois and Defendants Joshua Karp and Aron Security, Inc. are citizens of Ohio. Based upon its removal notice, Defendant Love's is a citizen of Oklahoma.
Love's asserts that this Court's jurisdiction is based upon diversity of citizenship as set forth in 28 U.S.C. § 1332(a)(1). Love's authority for removal is 28 U.S.C. § 1441. However, § 1441 provides that a civil action otherwise removable solely on the basis of § 1332 may not be removed if any defendant is a citizen of the State in which the action is brought. 28 U.S.C. § 1441(b)(2); Lincoln Property Co. v. Roche, 546 U.S. 81, 83-84 (2005).
In this case, Defendants Joshua Karp and Aron Security, Inc. are citizens of Ohio. Further, this action was brought in Ohio and this Court sets in Ohio. Therefore, removal pursuant to 28 U.S.C. § 1441 was improper. As a result, this matter must be remanded to the Court of Common Pleas of Montgomery County, Ohio.
DONE and ORDERED in Dayton, Ohio this Fourteenth Day of February, 2014.
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THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
Copies furnished to: Counsel of Record