Chamberlain v. 37th Parallel Properties Investment Group LLC et al, No. 3:2015cv00080 - Document 27 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 4/29/15. (tdai, )
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Chamberlain v. 37th Parallel Properties Investment Group LLC et al Doc. 27 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division DANIEL R. CHAMBERLAIN, Plaintiff, V. Case No. 3:15-cv-00080 37TH PARALLEL PROPERTIES INVESTMENT GROUP, LLC, EDWARD P. BARRISKILL, and CHAD A. DOTY, Defendants. OPINION Three owners of a limited liability company dispute their ownership percentages of the company. One owner brought this suit in state court against the other owners, alleging he owns eighteen percent of the company. He asks that a court find that he is an owner, officer, and manager of the company. One of the defendants removed the case to this Court under its diversity jurisdiction. Because there is a question of whether this Court has diversity jurisdiction to hear the case, this Court addresses its jurisdiction before deciding any claims on the merits. The plaintiff, Daniel R. Chamberlain, sued 37th Parallel Properties Investment Group, LLC ("37th Parallel"), Edward P. Barriskill, and Chad A. Doty in state court. Barriskill removed this case to federal court based on diversity jurisdiction. {See Dk. No. 15.) Although plaintiff consented to removal (Dk. No. 19), this Court has an independent obligation to ensure it has subject matter jurisdiction. 28 U.S.C. ยง 1447(c). Upon reviewing the facts, the Court concludes it lacks jurisdiction and remands this case to the Henrico County Circuit Court. Dockets.Justia.com
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