Jane Doe #1 v. Blair, No. 15-1211 (4th Cir. 2016)
Annotate this CasePlaintiff, through her next friends and guardians, filed a complaint in state court against Matt Blair and Res-Care. Res-Care removed to federal court, asserting subject matter jurisdiction based on diversity of citizenship. The district court sua sponte remanded the case back to state court, determining that federal diversity jurisdiction has not been established because Res-Care did not allege the state in which it had its principal place of business. The court concluded that it had jurisdiction to review the district court's remand order because the district court based its remand order on a procedural defect in the removal notice. The court held that a district court exceeds its statutory authority when it remands a case sua sponte based on a procedural defect absent a motion from a party. In this case, the district court exceeded its statutory authority by remanding this case sua sponte. Accordingly, the court reversed and remanded.
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