Coury v. CBS Corporation et al, No. 3:2019cv01277 - Document 14 (D. Or. 2019)
Court Description: OPINION AND ORDER OF REMAND: I hold that Defendant Foster Wheeler LLC does not have standing to bring a federal contractor defense pursuant to 28 U.S.C. § 1446(b) and therefore has not asserted proper grounds for removal. Plaintiffs Motion to Remand 5 is GRANTED. It is ORDERED that the above captioned matter be REMANDED to the Multnomah County Circuit Court. Plaintiffs pending Motion for Imposition of Sanctions 11 is DENIED AS MOOT. Signed on 11/14/2019 by Judge Michael W. Mosman. (kms)
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Coury v. CBS Corporation et al Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MELISSA COURY, personal representative of the Estate of RAYMOND COURY, Plaintiff, v. CBS CORPORATION, a Delaware corporation, sued as successor by merger with CBS Corporation,ft'k/a VIACOM, INC.,ft'kla WESTINGHOUSE ELECTRIC CORPORATION, successorin-interest to BF STURTEVANT; CH MURPHY/CLARK-ULLMAN, INC., an Oregon corporation; FOSTER WHEELER, LLC, a New York corporation; FRASER'S BOILER SERVICE, INC., a Washington corporation, individually and as successor-in-interest to FRASER BOILER WORKS; GENERAL ELECTRIC COMPANY, a New York corporation; INGERSOLL-RAND COMPANY, a New Jersey corporation; MAR-DUSTRIAL SALES, INC., an Oregon corporation; and WARREN PUMPS, LLC., successor-in-interest to WARREN PUMPS, INC., QUIMBY PUMPS CO., and WARREN STEAM PUMPS CO., Case No. 3:19-cv-01277-MO OPINION AND ORDER OF REMAND Defendants. 1 - ORDER OF REMAND Dockets.Justia.com MOSMAN,J., I hold that Defendant Foster Wheeler LLC does not have standing to bring a federal contractor defense pursuant to 28 U.S.C. ยง 1446(b) and therefore has not asserted proper grounds for removal. Plaintiffs Motion to Remand [5] is GRANTED. It is ORDERED that the abovecaptioned matter be REMANDED to the Multnomah County Circuit Court. Plaintiffs pending Motion for Imposition of Sanctions [11] is DENIED AS MOOT. IT IS SO ORDERED. DATED this 4 day of November, 2019. ~MAN Chief United States District Judge 1 - ORDER OF REMAND
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