United States District Court, N.D. Ohio, Eastern Division
MEMORANDUM OPINION & ORDER
C. NUGENT UNITED STATES DISTRICT JUDGE.
matter is before the Court on Plaintiff, Hunter Havens',
Motion to Remand pursuant to 28 U.S. Code §1447(c) and
28 U.S. Code § 1446(b). (ECF #8). Having carefully
considered the legal and factual issues raised, and for the
reasons that follow, the Motion to Remand is hereby DENIED.
of Procedural Background
Havens originally filed his Complaint on July 13, 2018 in the
Court of Common Pleas of Cuyahoga County, Ohio, No.
CV-18-900683 and named as defendants Red Robin International,
Inc. and Rockside Twenty-One, LLC, as well as two "John
Doe" companies. On September 26, 2018, Mr. Havens
amended his Complaint to identify the two "John
Doe" companies as Honeywell International, Inc. and
Stanley Convergent Security Solutions, Inc. Mr. Havens then
voluntarily dismissed Rockside Twenty-One on January 4, 2019.
Red Robin filed a Motion for Removal on May 17, 2019. (ECF
#1). Mr. Havens filed his Motion to Remand on May 30, 2019.
(ECF #8). Mr. Haven's Motion to Remand is opposed by
Defendants Red Robin and Honeywell. (ECF #15-16).
removal is based on diversity jurisdiction, as it is in this
case, 28 U.S.C. §1332 requires: (1) diversity of
citizenship between the parties and (2) an amount in
controversy, exclusive of interests and costs, that exceeds
$75, 000. When the amount pled does not explicitly meet the
amount in controversy requirement, the defendant has the
burden of proving that "more likely than not" this
jurisdictional requirement has been met. Rogers v.
Wal-Mart Stores Inc., 230 F.3d868, 871 (6th Cir. 2001).
general requirements of removal are governed by 28 U.S.C.
§ 1446(b)(1), which reads:
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, or within 30 days after the
service of summons upon the defendant if such initial
pleading has then been filed in court and is not required to
be served on the defendant, whichever is shorter.
28 U.S.C. § 1446(b)(1).
U.S.C. § 1446(b)(3) applies to cases that are not
initially removable, but become removable at a later time.
The statute provides:
[I]f the case stated by the initial pleading is not
removable, a notice of removal may be filed within thirty
days after receipt by the defendant, through service or
otherwise, of a copy of an amended pleading, motion, order or
other paper from which it may first be ascertained that the
case is one which is or has become removable.
28 U.S.C. § ...