United States District Court, D. Connecticut
RULING ON PLAINTIFF'S MOTION TO REMAND [DOC.
CHARLES S. HAIGHT, JR. SENIOR UNITED STATES DISTRICT JUDGE
Richard Novak ("Plaintiff") filed this state-law
wrongful termination action in the Superior Court of
Connecticut against Defendant Saybrook Buick GMC
("Defendant"). Defendant removed the case to
federal court on the basis of diversity jurisdiction.
Plaintiff has now moved to remand the matter to state court.
This Ruling resolves the motion.
filed the original state court complaint in May of
2018. On June 6, 2018, Defendant removed the
case to federal court, pursuant to 28 U.S.C. § 1441.
See Doc. 1 at 6-8. Defendant asserts that,
"[b]ecause complete diversity of citizenship exists and
the amount in controversy exceeds $75, 000, this Court has
jurisdiction pursuant to 28 U.S.C. §§ 1332(a) and
1441(b)." Id. at 8.
filed a Motion to Remand [Doc. 7], asserting that removal was
improper under the so-called "forum defendant
rule," 28 U.S.C. § 1441(b)(2), and seeking to have
this case remanded to state court. Plaintiff's pending
Motion further asks this Court for an award of attorney fees,
pursuant to 28 U.S.C. § 1447(c). The deadline for
Defendant's opposition or other response to that motion
has expired, and Defendant has filed no papers in response.
now moves the Court for an "extension of time to
plead," a motion apparently (and quixotically) directed
at Defendant's response deadline as to Plaintiff's
state court Complaint. See Doc. 13.
Propriety of Remand
jurisdiction, the alleged basis for federal jurisdiction in
this matter, exists "where the matter in controversy
exceeds the sum or value of $75, 000, exclusive of interest
and costs, and is between  citizens of different
States." 28 U.S.C. § 1332(a). For the purposes of
§§ 1332 & 1441 (the removal statute), "a
corporation shall be deemed to be a citizen of every State
and foreign state by which it has been incorporated and of
the State or foreign state where it has its principal place
of business." 28 U.S.C.A. § 1332(c).
to 28 U.S.C. § 1441(a), a defendant in a civil action
that has been brought in state court may instead choose to
litigate in federal court, if the complaint is one over which
the federal court has original jurisdiction. Defendant's
Notice of Removal [Doc. 1], asserted, as sole basis of
federal jurisdiction, diversity under the terms of §
Here, Novak is a Rhode Island resident and Saybrook Buick is
a Connecticut corporation with a principle place of business
in Connecticut. Therefore, complete diversity exists among
the parties, both at the time the state court action was
filed and at the time of removal to this Court.
Upon faith and belief, the amount in controversy exceeds $75,
000 . . . .
Because complete diversity of citizenship exists and the
amount in controversy exceeds $75, 000, this Court has
jurisdiction pursuant to 28 U.S.C. ...