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City of Greensburg v. Maydak

United States District Court, W.D. Pennsylvania

April 24, 2015

CITY OF GREENSBURG, Plaintiff,
v.
KEITH MAYDAK, Defendant.

MEMORANDUM ORDER

TERRENCE F. McVERRY, Senior District Judge.

Now pending is a MOTION TO STAY (ECF No. 12) filed by pro se Defendant Keith Maydak ("Maydak"). Plaintiff City of Greensburg has not filed a response, nor is one needed.

The motion to stay must be denied for at least three independent and complementary reasons. First, as the Court explained in its Memorandum Order of April 22, 2015, Maydak's initial removal of this case from the state court was improper. This Court lacks subject-matter jurisdiction because the amount in controversy does not exceed $75, 000. Second, this case has already been remanded to the Court of Common Pleas of Westmoreland County, Pennsylvania. Third, Maydak has filed a Notice of Appeal to the Third Circuit (ECF No. 11), which deprives this Court of jurisdiction.

AND NOW this 24th day of April, 2015, it is hereby ORDERED, ADJUDGED AND DECREED that the MOTION TO STAY (ECF No. 12) is DENIED.


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