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Andrew Mcclaine v. Rein Pold

July 30, 2012

ANDREW MCCLAINE,
PLAINTIFF,
v.
REIN POLD, FRANK REMMICK, GLEN REID, CLARION UNIVERSITY DEPARTMENT OF PUBLIC SAFETY, AND CLARION UNIVERSITY OF PENNSYLVANIA
DEFENDANTS.



The opinion of the court was delivered by: Arthur J. Schwab United States District Judge

ELECTRONICALLY FILED

MEMORANDUM ORDER RE: MOTION TO REMAND (DOC. NO. 9)

I. Introduction and Procedural History

Currently pending before the Court are Plaintiff Andrew McClaine's ("Plaintiff's") Motion to Remand (Doc. No. 9) and Defendants Frank Remmick, Glen Reid, Clarion University Department of Public Safety, and Clarion University of Pennsylvania's ("State Defendants'") Motion to Dismiss (Doc. No. 4).

Plaintiff filed his Complaint against Defendants on April 16, 2012, in the Court of Common Pleas of Clarion County. Doc. No. 1-2. State Defendants filed a Notice of Removal with this Court on May 9, 2012. Doc. No. 1. The Complaint alleges that, inter alia, State Defendants and Defendant Rein Pold, an officer with the Clarion University Department of Public Safety, violated his civil rights. Doc. No. 1-2. On May 23, 2012, State Defendants filed a Motion to Dismiss the Complaint. Doc. No. 4. On July 16, 2012, Plaintiff filed a Motion to Remand and Brief in support thereof. Doc. Nos. 9 and 10. Defendants filed a Response and Brief in support thereof. Doc. Nos. 12 and 13. The Court then ordered that Plaintiff file a Reply, including proof of service on ECF. Text Order of July 20, 2012. Plaintiff filed that document on July 27, 2012. Doc. No. 14. For judicial efficiency, the Motion to Remand (Doc. No. 9) will be GRANTED.

II. Legal Standard

Because federal district courts have limited jurisdiction, the removal statutes are strictly construed against removal. American Fire & Cas. Co. v. Finn, 341 U.S. 6 (1951); Batoff v. State Farm Ins. Co., 977 F.2d 848, 851 (3d Cir. 1974). All doubts as to substantive and procedural jurisdiction prerequisites must be resolved in favor of remand. Abels v. State Farm Fire & Cas. Co., 770 F.2d 26, 29 (3d Cir. 1985); Marino v. Gorman, 2011 WL 3474803, *1 (W.D. Pa. Aug. 9, 2011) (Schwab, J). The removing Defendant bears the heavy burden of persuading the Court, to which the state action was removed, that it has jurisdiction under the removal statutes. Batoff, 977 F.2d at 851; Boyer v. Snap-On Tools Corp., 913 F.2d 108, 111 (3d Cir. 1990), cert. denied, 498 U.S. 1085 (1991); see Wilson v. Republic Iron & Steel Co., 257 U.S. 92 (1921) (burden of establishing federal jurisdiction is placed upon the parties seeking removal).

Under the removal statute:

(1) The notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based . .

(2)(A) When a civil action is removed solely under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action.

(B) Each defendant shall have 30 days after receipt by or service on that defendant of the initial pleading or summons described in paragraph (1) to file the notice of removal.

28 U.S.C. § 1441(b).

III. Discussion

A. This Court Has Subject Matter ...


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