Opinion
CASE NO. 1:19-CV-890 CASE NO. 1:19-CV-892
07-24-2019
COLLEEN SULLIVAN BERRY, et al., Plaintiffs, v. CLARK INDUS. INSULATION COMP, et al., Defendants. ELIZABETH REARDON, Plaintiff, v. COLGATE-PALMOLIVE COMP, et al., Defendants.
OPINION & ORDER
The above-captioned cases were removed to this Court on April 19, 2019. See Case No. 19-CV-890, Doc #: 1; Case No. 19-CV-892, Doc #: 1. The ground for removal was that both cases were related to a pending Chapter 11 bankruptcy. See 28 U.S.C. § 1334(b). In both Notices of Removal, Defendant Johnson & Johnson requested that this Court stay any ruling on any dispositive or remand motions until the District Court for the District of Delaware ruled on its Motion to Fix Venue. The Court granted Johnson & Johnson's request to stay these cases on May 6, 2019. See Non-Document Order. On July 22, 2019, Johnson & Johnson filed Letters notifying the Court that the District Court for the District of Delaware denied Johnson & Johnson's Motion to Fix Venue. In its Opinion, the District of Delaware found that it did not have subject matter jurisdiction over these actions because they were not related to the Chapter 11 bankruptcy. The District of Delaware also noted that at least 346 of these actions have been remanded back to state courts. The Court finds that remand is also appropriate in these cases. Accordingly, the above-captioned cases are hereby REMANDED to the Cuyahoga County Court of Common Pleas.
IT IS SO ORDERED.
/s/Dan Aaron Polster July 24 , 2019
DAN AARON POLSTER
UNITED STATES DISTRICT COURT