Perry v. Kimberling

Full title: THOMAS PERRY, Plaintiff, v. MICHAEL KIMBERLING, et al., Defendants.

Court: UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Date published: Jul 7, 2016

Civil Action No. 16-2773 (SRC) (D.N.J. Jul. 7, 2016)

Opinion

Civil Action No. 16-2773 (SRC)

07-07-2016

THOMAS PERRY, Plaintiff, v. MICHAEL KIMBERLING, et al., Defendants.

CHESLER, District Judge

NOT FOR PUBLICATION

OPINION & ORDER

CHESLER , District Judge

This matter comes before the Court upon the motion to remand Plaintiff's Complaint to the Superior Court of New Jersey, Sussex County, filed by Defendants Michael Kimberling and Randy Deitman ("Defendants") [Docket No. 4]. Plaintiff filed a Complaint in federal court arising out of a car accident on the basis of diversity jurisdiction. Defendants do not contest the propriety of federal jurisdiction, but wish to remand the case because Plaintiff had previously filed and dismissed a similar complaint in state court. Remand cannot remedy Defendants' dissatisfaction with Plaintiff's choice of a federal forum because this case was never removed from state court. See 28 U.S.C. § 1447. Without a prior removal, there is nothing to remand.

For the reasons stated above,

IT IS on this 7^th day of July, 2016,

ORDERED that Defendants' motion to remand [Docket No. 4] is DENIED.

s/ Stanley R. Chesler

STANLEY R. CHESLER

United States District Judge