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Baney v. Trans Union

April 10, 2007

JEREMY BANEY, PLAINTIFF
v.
TRANS UNION, LLC, DEFENDANT



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 10th day of April, 2007, upon consideration of the report of the magistrate judge (Doc. 19), to which objections were filed (Doc. 22), and, following an independent review of the record, it appearing that diversity jurisdiction is unavailable because the amount in controversy does not exceed $75,000.00,*fn1 and that federal question jurisdiction is unavailable because the complaint neither expressly asserts a federal question,*fn2 nor impliedly contains a substantial federal question,*fn3 see Merrell Dow Pharms. Inc. v. Thompson, 478 U.S. 804 (1986) (stating that "the mere presence of a federal issue in a state cause of action does not automatically confer federal-question jurisdiction" and applying factors similar to the Third Circuit's two-pronged test for complete preemption to determine whether the court possesses subject matter jurisdiction), it is hereby ordered that:

1. The report and recommendation of the magistrate judge (Doc. 19) is ADOPTED.

2. The case is REMANDED to the Court of Common Pleas of Huntingdon County, Pennsylvania. See 28 U.S.C. § 1447(c).

3. The Clerk of Court shall CLOSE this file.

CHRISTOPHER C. CONNER United States ...


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