Shikwana v. Toledo Gaming Ventures, LLC et al, No. 3:2015cv02088 - Document 7 (N.D. Ohio 2015)

Court Description: Memorandum Opinion and Order: This case is not removable under § 1441 and is remanded to the Lucas County Court of Common Pleas. Judge Jeffrey J. Helmick on 10/14/2015. (S,AL)

Download PDF
Shikwana v. Toledo Gaming Ventures, LLC et al Doc. 7 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION Irick Shikwana, Case No. 3:15-cv-02088 Plaintiff v. MEMORANDUM OPINION AND ORDER Toledo Gaming Ventures, LLC, et al., Defendants Plaintiff Irick Shikwana filed suit in the Lucas County, Ohio Court of Common Pleas, alleging four claims arising under Ohio law against Defendants Toledo Gaming Ventures, LLC, and Jennifer Spencer. (Doc. No. 1-1). At the time of the filing, all three parties were citizens of the state of Ohio. (Doc. No. 1-1 at 1-2). Subsequently, Shikwana moved to Florida and Spencer moved to Kansas. (Doc. No. 1 at 1-2). After Shikwana confirmed at his deposition that he now is a permanent resident of the state of Florida, Defendants filed a notice of removal, asserting removal is proper on the basis of diversity of citizenship. (Doc. No. 1 at 2). Shikwana has filed a motion to remand. (Doc. No. 5). A state court action which is removable “solely on the basis of jurisdiction under [28 U.S.C. § 1332(a)] may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.” 28 U.S.C. § 1441(b)(2); Lincoln Prop. Co. v. Roche, 546 U.S. 81, 84 (2005). Toledo Gaming Ventures is a citizen of the state of Ohio. (Doc. No. 1 at 2). This case, therefore, is not removable under § 1441, and is remanded to the Lucas County Court of Common Pleas. So Ordered. s/ Jeffrey J. Helmick United States District Judge Dockets.Justia.com

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.