Walker v. Village Green Management Company
Walker v. Village Green Management Company
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO
: Monique L. Walker, : CASE NO. 1:20-cv-1491 : Plaintiff, : OPINION & ORDER : vs. : : Village Green Management : Company, BWIP Erie Shore Owner : LLC, Hunter Warfield, Inc., & The : Perch on Lake Apartments, :
Defendants.
JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On June 5, 2020, Plaintiff Monique Walker, an Ohio resident, sued Defendants Village Green Management Company, BWIP Erie Shore Owner LLC, Hunter Warfield, Inc., & The Perch on Lake Apartments, in the Lorain County Court of Common Pleas.1 On July 7, 2020, Defendant Hunter Warfield, Inc. removed the case to this Court pursuant to
28 U.S.C. § 1441(a).2 Though Defendant Hunter Warfield, Inc. stated in its Notice of Removal that none of its co-defendants opposed removal to this Court,3 it has since acknowledged that Defendant BWIP Erie Shore Owner LLC has not consented to the removal.4 Proper removal under § 1441(a) requires that “all defendants who have been served or otherwise properly joined in
1 Doc. 1-1. 2 Doc. 1. 3 Doc. 1. 4 Doc. 13. the action must either join in the removal, or file a written consent to the removal.” Harper v. AutoAlliance Intern., Inc.,
392 F.3d 195, 201(6th Cir. 2004). The Court therefore DISMISSES the case without prejudice and remands to Lorain County Court of Common Pleas. IT IS SO ORDERED.
Dated: September 14, 2020 JAMES S. GWIN UNITED STATES DISTRICT JUDGE
Reference
- Status
- Unknown