LEE v. PATEL, 17-01996 (2017)
Court: District Court, E.D. Pennsylvania
Number: infdco20170605d18
Visitors: 12
Filed: Jun. 02, 2017
Latest Update: Jun. 02, 2017
Summary: ORDER EDUARDO C. ROBRENO , District Judge . AND NOW , this 1st day of June, 2017 , upon consideration of Plaintiff's uncontested Motion to Remand (ECF No. 3), it is hereby ORDERED that: 1. For the reasons stated on the record, Plaintiff's Motion to Remand to State Court (ECF No. 3) is GRANTED . 1 2. This action is REMANDED to the Court of Common Pleas of Bucks County, Pennsylvania. 2 AND IT IS SO ORDERED. FootNotes 1. The Court declines to award any attorney's fees pursua
Summary: ORDER EDUARDO C. ROBRENO , District Judge . AND NOW , this 1st day of June, 2017 , upon consideration of Plaintiff's uncontested Motion to Remand (ECF No. 3), it is hereby ORDERED that: 1. For the reasons stated on the record, Plaintiff's Motion to Remand to State Court (ECF No. 3) is GRANTED . 1 2. This action is REMANDED to the Court of Common Pleas of Bucks County, Pennsylvania. 2 AND IT IS SO ORDERED. FootNotes 1. The Court declines to award any attorney's fees pursuan..
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ORDER
EDUARDO C. ROBRENO, District Judge.
AND NOW, this 1st day of June, 2017, upon consideration of Plaintiff's uncontested Motion to Remand (ECF No. 3), it is hereby ORDERED that:
1. For the reasons stated on the record, Plaintiff's Motion to Remand to State Court (ECF No. 3) is GRANTED.1
2. This action is REMANDED to the Court of Common Pleas of Bucks County, Pennsylvania.2
AND IT IS SO ORDERED.
FootNotes
1. The Court declines to award any attorney's fees pursuant to 28 U.S.C. § 1447(c). Further, given the decision to remand, the Court need not decide the pending motions to dismiss in this case (ECF Nos. 2, 4).
2. The Court finds that the Notice of Removal was untimely filed, as it was filed on May 1, 2017, 34 days after Defendants' receipt of the initial pleading on March 27, 2017. See 28 U.S.C. § 1446(b) ("The notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant . . . of a copy of the initial pleading. . . ."). Additionally, the Court finds that it does not have jurisdiction because all Defendants are citizens of Pennsylvania. See 28 U.S.C. § 1441(b)(2) ("A civil action otherwise removable solely on the basis of the jurisdiction under section 1332(a) . . . may not be removed if any of the . . . defendants is a citizen of the State in which such action is brought.").
Source: Leagle
