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Bell v. Doe

United States District Court, D. Connecticut

May 1, 2018

ELLIOTT BELL, Plaintiff,
v.
DAVID DOE, WERNER ENTERPRISES, INC., and WERNER GLOBAL LOGISTICS INC., Defendants.

          RULING ON PLAINTIFF'S MOTION TO REMAND

          VICTOR A. BOLDEN, UNITED STATES DISTRICT JUDGE

         Elliott Bell (“Plaintiff”) has sued David Doe alleging negligence in the operation of machinery causing injury to Mr. Bell and seeks to hold Werner Global Logistics, Inc., and Werner Enterprises, Inc., (collectively, “Defendants”) liable for such negligence under Conn. Gen. Stat. § 52-183.

         Mr. Bell now moves for remand of this case to Connecticut Superior Court.

         For the reasons that follow, the motion is GRANTED.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         Mr. Bell allegedly was a forklift operator in Connecticut. Compl. ¶¶ 1, 6. Mr. Doe allegedly worked for Werner Enterprises, Inc. and had been assigned to deliver Office Depot merchandise to a warehouse (“Warehouse”) where Mr. Bell allegedly worked. Id. at Footnote 1. Werner Global Logistics, Inc., or Werner Enterprises, Inc., both of which maintain a principle place of business in Nebraska, allegedly owned the tractor trailer. Id. ¶¶ 2, 10.

         A. Factual Allegations

         On February 3, 2016, Mr. Doe allegedly had been operating a tractor trailer at the loading dock at the Warehouse. Id. ¶ 2. When Mr. Doe drove the tractor trailer forward, he allegedly caused the forklift operated by Mr. Bell to fall to the ground. Id. at 5. Mr. Bell allegedly suffered serious bodily injury and incurred significant medical expenses. Id. ¶¶ 7-8.

         B. Procedural History

         Mr. Bell sued Defendants in Connecticut Superior Court, the Judicial District of Hartford at Hartford. ECF No. 1-2. Defendants removed the case to this Court under 28 U.S.C. § 1441. ECF No. 1. Plaintiff now moves to remand this case to state court.[1] ECF No. 14.

         II. STANDARD OF REVIEW

         District courts have “original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75, 000, exclusive of interests and costs, and is between . . . citizens of different States.” 28 U.S.C. § 1332(a). Under 28 U.S.C. § 1441, “any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant . . . to the district court of the United States for the district . . . embracing the place where such action is pending.” 28 U.S.C. § 1441(a).

         A defendant has the burden of demonstrating that removal of a case to federal court is proper. Calif. Pub. Emp'rs' Ret. Sys. v. WorldCom, Inc., 368 F.3d 86, 100 (2d Cir. 2004); Mehlenbacher v. Akzo Nobel Salt, Inc., 216 F.3d 291, 296 (2d Cir. 2000).

         III. ...


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