Gennadiy Kats and James Moore, individually and on behalf of Russell Mining...

1 EASTERN DISTRICT OF WASHINGTON Mar 02, 2026 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON GENNADIY KATS AND JAMES No. 2:26-CV-00087-RLP MOORE, individually and on behalf of RUSSELL MINING CORPORATION, Plaintiffs, ORDER GRANTING MOTION TO REMAND v. RUSSELL MINING CORPORATION, a Washington Corporation, and ANDREW J. RUSSELL, individually, in his capacity as CEO, and in his capacity as director and JANE DOE RUSSELL, in their marital community, and ANDREW J. RUSSELL as trustee of the RUSSELL FAMILY TRUST, and any co-trustee, Defendants.

Before the Court is Defendant Russell Mining Corporation’s Motion to Remand this matter to Spokane Superior Court. ECF No. 3. The Motion indicates the Notice of Removal was filed in error because there is not complete diversity between the parties.

3 Plaintiff’s Compliant was filed on February 13, 2026, in Spokane County Superior Court. ECF No. 1-1. On February 18, 2026, Defendant Russell Mining Corporation filed a Notice of Removal. ECF No. 1.

6 Federal courts have original jurisdiction over civil actions where the amount in controversy exceeds $75,000 and the case is between citizens of different states.

8 28 U.S.C. § 1332(a). Diversity jurisdiction under 28 U.S.C. § 1332(a) requires that each plaintiff be diverse from each defendant. Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 553 (2005) (citing Owen Equipment & Erection Co. v. Kroger, 437 U.S. 365, 375 (1978)). Furthermore, the removal statute indicates an action may not be removed if any defendant is a citizen of the state in which the action is brought. 28 U.S.C. § 1441(b)(2).

14 The Motion acknowledges that Defendants Andrew J. Russell and the Russell Family Trust are residents of the State of Washington. ECF No. 3.

16 Therefore, complete diversity does not exist, and this matter was not properly removed to federal court.

18 Accordingly, IT IS ORDERED: 19 1. Defendant Russell Mining Corporation’s Motion to Remand, ECF 20 No. 8, is GRANTED.

1 2. This matter is REMANDED to Spokane County Superior Court.

2 IT IS SO ORDERED. The Court Clerk is directed to enter this Order, 3|| provide copies to counsel, and CLOSE the file.

4 DATED March 2, 2026.

6 ~~ REBECCAL.PENNELL UNITED STATES DISTRICT JUDGE 1] ORDER ANTING MOTION TA RPEMANTD 2