Keeney et al v. Valley Station 1, LLC et al, No. 2:2017cv00206 - Document 9 (E.D. Ky. 2017)

Court Description: MEMORANDUM OPINION & ORDER: 1) This matter is remanded to Kenton County Circuit Court. 2) This matter is dismissed and stricken from the Court's active docket. Signed by Judge David L. Bunning on 11/9/2017.(ECO)cc: COR with copy of this Order and Docket Sheet mailed to the Kenton Circuit Court Clerk.

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Keeney et al v. Valley Station 1, LLC et al Doc. 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION AT COVINGTON CIVIL ACTION NO. 17-206-DLB-CJS KURTIS KEENEY, et al. PLAINTIFFS V. ORDER VALLEY STATION 1, LLC, et al. DEFENDANTS ** ** ** ** ** ** ** ** This matter is before the Court upon Defendants’ Notice of Removal (Doc. # 1) from Kenton County Circuit Court. On November 9, 2017, this Court entered a Memorandum Opinion and Order in a nearly identical case, DT GRAT JMT, LLC, et al. v. Keeney, et al., No. 2:17-CV-101, finding that the Park Companies are the real parties in interest under Federal Rule of Civil Procedure 17(a) and holding that subject-matter jurisdiction was lacking (Doc. # 71 therein). The Court having reviewed Defendants’ Notice of Removal (Doc. # 1) and the record in this matter, and being otherwise sufficiently advised, the Court concludes that the Park Companies were not fraudulently joined, diversity jurisdiction does not exist, and the Court does not have subject-matter jurisdiction over this matter. Accordingly, IT IS ORDERED as follows: (1) This matter is remanded to Kenton County Circuit Court. (2) This matter is dismissed and stricken from the Court’s active docket. This 9th day of November, 2017. 1 Dockets.Justia.com K:\DATA\ORDERS\Cov17\17-206 Order (Removal).docx 2

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