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Henry v. Jolley

United States District Court, S.D. Ohio, Eastern Division

March 26, 2018

TODD A. HENRY, Plaintiff,
v.
DARREL L. JOLLEY, et al., Defendant.

          GEORGE C. SMITH JUDGE.

          REPORT AND RECOMMENDATION

          CHELSEY M. VASCURA UNITED STATES MAGISTRATE JUDGE

         Plaintiff, Todd A. Henry, brought this action in state court against Darrell L. Jolley (“Jolley”), Beatty Milk Hauling, Inc. (“Beatty Milk”), Metropolitan Group Property and Casualty Insurance Company (“Metropolitan”), and Anthem Blue Cross Blue Shield (“Anthem”), asserting a number of state-law claims. Defendants removed the action to this Court of the basis of diversity jurisdiction. This matter is before the undersigned for a Report and Recommendation on Plaintiff's Motion to Remand (ECF No. 10), Defendants' Response in Opposition in which they seek fees and costs pursuant to 28 U.S.C. § 1447(c) (ECF No. 17), and Plaintiff's Reply (ECF No. 19). For the reasons that follow, it is RECOMMENDED that Plaintiff's Motion be DENIED and Defendants' request for fees and costs be DENIED.

         I.

         Plaintiff is a citizen of Ohio. Defendant Jolley is a citizen of Pennsylvania. Defendant Beatty Milk is a Pennsylvania Corporation with its principal place of business in Pennsylvania. Defendant Metropolitan is a Rhode Island Corporation with its principal place of business in Rhode Island. Plaintiff failed to assert any claim against Defendant Anthem Complaint. See Coyne v. Am. Tobacco Co., 183 F.3d 488, 493 (6th Cir. 1999) (holding that remand is improper where “Plaintiffs failed to plead viable state law causes of action against the local Defendants”). Plaintiff concedes that there is complete diversity for the purposes of diversity jurisdiction. (ECF No. 10.)

         On November 14, 2017, Plaintiff brought the instant action in the Jefferson County Court of Common Pleas. In his Complaint, Plaintiff alleges that he was injured in a 2016 automobile accident. He asserts a claim of negligence against Defendant Jolley; claims for vicarious liability, negligence, and negligent hiring and retention against Defendant Beatty Milk; and claims for insurance payments against Defendant Metropolitan. He makes no claims against Anthem.

         Under the section of his Complaint labeled “DAMAGES, ” Plaintiff alleges he was “injured in and about his head, neck, back, body, body chemistry, and psyche; and inasmuch as his injuries are permanent and lasting in nature he has and will in the future suffer great pain of body and mind.” (Compl. ¶ 30, ECF No. 4.) He then proceeds to delineate the following specific categories of damages:

a. Personal injuries to his body;
b. Medical bills and future medical bills in an amount presently undetermined;
c. Lost wages and benefits in an amount to be determined;
d. Future lost wages, earning capacity, and benefits;
e. Lost household services and lost future household services;
f. Physical pain and suffering, past and future;
g. Metal anguish and suffering, past and ...

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