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Ash v. Charlotte School of Law, LLC, 3:17CV39. (2017)

Court: District Court, W.D. North Carolina Number: infdco20171115c96 Visitors: 1
Filed: Nov. 14, 2017
Latest Update: Nov. 14, 2017
Summary: ORDER GRAHAM C. MULLEN , Senior District Judge . This matter is before the Court upon the Plaintiff's Motion to Remand. This matter has been fully briefed, however, on June 22, 2017, the Court entered an Order holding this motion in abeyance until such time as the Court ruled upon a motion by Infilaw Holding, LLC ("Infilaw Holding") to dismiss for lack of personal jurisdiction in a related case, Krebs v. Charlotte School of Law, et al., 3:17CV190-GCM. After a period of discovery on the is
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ORDER

This matter is before the Court upon the Plaintiff's Motion to Remand. This matter has been fully briefed, however, on June 22, 2017, the Court entered an Order holding this motion in abeyance until such time as the Court ruled upon a motion by Infilaw Holding, LLC ("Infilaw Holding") to dismiss for lack of personal jurisdiction in a related case, Krebs v. Charlotte School of Law, et al., 3:17CV190-GCM. After a period of discovery on the issue of personal jurisdiction and supplemental briefing, the Court held oral argument on Infilaw Holding's Motion to Dismiss in the Krebs case and granted the motion, dismissing Infilaw Holding from the case for lack of personal jurisdiction. Accordingly, the Court is now prepared to rule on the pending Motion to Remand herein.

The facts of this case are set forth in great detail in the Court's Orders in the related cases of Krebs (Doc. No. 92), Levy v. Charlotte School of Law, et al., 3:17CV26-GCM (Doc. No. 62), and Barchiesi v. Charlotte School of Law, et al., 3:16CV861-GCM (Doc. No. 41), and will not be repeated herein. As the Court has determined that it cannot exercise personal jurisdiction over Infilaw Holding, Plaintiff's Motion to Remand must be denied. The presence of Infilaw Holding, the only non-diverse defendant, is disregarded for diversity jurisdiction purposes under the doctrine of fraudulent joinder. Accordingly, the Court retains subject matter jurisdiction over this case pursuant to diversity jurisdiction.

IT IS THEREFORE ORDERED that Plaintiffs' Motion to Remand is hereby DENIED; and Defendant Infilaw Holding is dismissed from this case;

IT IS FURTHER ORDERED that this case shall be consolidated with the other related cases above for purposes of discovery.

Source:  Leagle

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