IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE REGENT J. GODDARD, ) Plaintiff, v. ; C.A. No. 22-1463-GBW BETH PHILLIPS, et al., Defendants. MEMORANDUM ORDER At Wilmington this day of January, 2023, having considered the parties’ responses to the Court’s Order to show cause why the case should not be dismissed (D.I. 11, 12); IT IS HEREBY ORDERED that this case is REMANDED. IT IS FURTHER ORDERED that all pending motions are DENIED as moot. (D.I. 3, 4,

In April 2022, Plaintiff Regent J. Goddard filed this action in the Justice of the Peace Court of the State of Delaware in and for New Castle County. See Goddard v. Phillips et al., C.A. No. JP9-22-000302 (Del. J.P. Ct.).! The case was dismissed in August 2022, for lack of subject matter jurisdiction. On November 7, 2022, Defendants filed a Notice of Removal in this Court, purporting to remove the case pursuant to

(a), 1446(a), and 2679(d)(2), as well as

(c).

' The state court docket is available online at: https://courtconnect.courts.delaware.gov/cc/cconnect/ck_public_qry_doct.cp_dktrpt_frames?bac kto=P&case_id=JP9-22-000302&begin_date=&end_date=

Federal courts have an obligation “to examine their subject matter jurisdiction at all stages of litigation sua sponte if the parties fail to raise the issue.” U.S. Express Lines, Ltd. v. Higgins,

(3d Cir. 2002); see also

(c) (“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.”). The removal statutes cited by Defendants only authorize removal of cases “pending” in State court at the time the notice of removal is filed. See

(a), 1446(a), 2679(d)(2);

(c). Accordingly, because the state-court matter was dismissed and closed prior to removal, and thus was no longer “pending,” this Court lacks removal jurisdiction and must remand the matter to state court. See Smith v. Toyota Motor Sales, U.S.A. Corp.,

, at *3 (D.N.J. May 31, 2007); see also Castano v. Signature Flight Support LLC,

, at *3 (D.N.J. Oct. 27, 2022 (collecting cases).

ff ! ; ng United States District Judge