JEAN C. HAMILTON, District Judge.
This matter is before the Court on Plaintiffs' Motion for Remand, filed September 21, 2015. (ECF No. 22). The motion is fully briefed and ready for disposition.
On or about March 24, 2015, Plaintiffs Salko Radoncic, Adis Radoncic, and Halil Todic filed a Petition for Damages against Defendants Pinnacle Entertainment, Inc., Casino One Corp., Inc., Tropicana Entertainment Inc., Four Seasons Hotels Limited, Missouri Gaming Commission, Trooper Collins, and John Does 1-6 in the Circuit Court of the City of St. Louis, Missouri. (Petition for Damages (hereinafter "Complaint"), ECF No. 3). Plaintiffs' Complaint includes counts for battery, assault, intentional infliction of emotional distress, respondeat superior, negligence, false arrest, and false imprisonment. (Id., ¶¶ 85-217). Plaintiffs further include claims for discrimination pursuant to 42 U.S.C. § 1981, for civil rights violations pursuant to 42 U.S.C. § 1983, and for attorneys' fees pursuant to 42 U.S.C. § 1988. (Id., ¶¶ 218-260). All of Plaintiffs' claims stem from an alleged incident in the early morning hours of November 19, 2013, in which Defendants and/or their employees or agents violently attacked Plaintiffs as they attempted to enter Lumiere Casino, and then falsely imprisoned them for several hours. (Id., ¶¶ 32-84).
On August 4, 2015, Defendants removed the case to this Court on the basis of federal question jurisdiction. (ECF No. 1). Plaintiffs then filed the instant Motion for Remand on September 21, 2015, claiming remand is appropriate because "the state common law tort claims contained in Plaintiffs' Petition are `substantial' and dominate the pleading, and the federal claims are limited and arise out of the same set of operative facts." (ECF No. 22, ¶ 1).
Pursuant to 28 U.S.C. § 1331, district courts "have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1331. Further, pursuant to 28 U.S.C. § 1441, the removal statute, "any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending." 28 U.S.C. § 1441(a). Thus, with respect to the propriety of removal, "the question becomes whether the action as originally brought would have been within the District Court's federal-question jurisdiction, see 28 U.S.C. § 1331, if it had been filed in a federal district court in the first place." Country Club Estates, L.L.C. v. Town of Loma Linda, 213 F.3d 1001, 1003 (8
A review of Plaintiffs' Complaint reveals it raises several federal questions, as Plaintiffs assert claims under 42 U.S.C. §§ 1981, 1983, and 1988. "When a federal question is present on the face of the petition, this Court has original jurisdiction and the action may be removed to federal court." Lee v. Borders, 2010 WL 3000065, at *1 (E.D. Mo. Jul. 28, 2010) (citing Caterpillar, Inc. v. Williams, 482 U.S. 386, 392-93, 107 S.Ct. 2425, 96 L.Ed.2d 318 (1987)). See also Convent Corp. v. City of North Little Rock, Ark., 784 F.3d 479, 483 (8
Accordingly,