Phillips v. Nesher Pharmaceuticals
| Ashley Phillips |
| Nesher Pharmaceuticals |
| 4:2021cv00175 |
| February 11, 2021 |
| US District Court for the Eastern District of Missouri |
| Stephen R Clark |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 |
| Plaintiff |
Docket Report
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Filing 12
MEMORANDUM and ORDER OF REMAND - In sum, because Nesher has not satisfied the four elements of Grable, it has not established federal question jurisdiction. While a defendant has a statutory right to remove in certain situations, the plaintiff is still the master of her own claim. See Caterpillar Inc. v. Williams, 482 U.S. 386, 391 & n.7 (1987). Although Phillips could have possibly brought her claims in federal court, she pleaded only state-law claims and this Court lacks subject-matter jurisdiction. Accordingly, the Court remands this action back to the Circuit Court of St. Louis County. Pursuant to 28 U.S.C. 1447(c), the Clerk of the Court shall mail a certified copy of this order of remand to the clerk of the State court. (Copy of order emailed to the Circuit Court of St. Louis County). Signed by District Judge Stephen R. Clark on 2/26/2021. (LNJ)
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| Filing 11 MEMORANDUM in Support of Motion re #10 MOTION to Dismiss Case filed by Defendant Nesher Pharmaceuticals. (Garland, Burton) |
| Filing 10 MOTION to Dismiss Case by Defendant Nesher Pharmaceuticals. (Garland, Burton) |
| Filing 9 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant Nesher Pharmaceuticals Sent To: State Court - Executed (Garland, Burton) |
| Filing 8 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant Nesher Pharmaceuticals Sent To: State Court executed (Garland, Burton) Modified text on 2/12/2021 (JAB). |
| Judge Clark enters a Standing Order in all of his cases as follows: See Order for details #https://www.moed.uscourts.gov/judge/stephen-r-clark (JAB) |
| Filing 7 Electronic Notice - Application for Admission needed as to Lauren Sierra Kruskall. Review of case shows that Attorney Lauren Sierra Kruskall is not currently a member of our Bar. For instructions on applying for bar admission or moving for pro hac vice admission, please follow the instructions located on our website at #https://www.moed.uscourts.gov under the Attorney tab. Notice only, no.pdf attached. (CBL) |
| Filing 6 Petition (Removal/Transfer) Received From: Circuit Court, St. Louis County Missouri, filed by Ashley Phillips.(BAK) |
| Filing 5 ENTRY of Appearance by Sean Jonathan Oliveira for Defendant Nesher Pharmaceuticals, LLC. (Oliveira, Sean) |
| Filing 4 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Nesher Pharmaceuticals, LLC.. (Garland, Burton) |
| Filing 3 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant Nesher Pharmaceuticals, LLC Sent To: Plaintiff (Garland, Burton) |
| Filing 2 ENTRY of Appearance by Burton D. Garland, Jr for Defendant Nesher Pharmaceuticals, LLC. (Garland, Burton) |
| Filing 1 NOTICE OF REMOVAL from St. Louis County, MO, case number 20SL-CC06356, with receipt number AMOEDC-8469038, in the amount of $402 Jury Demand,, filed by Nesher Pharmaceuticals, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Original Filing Form)(Garland, Burton) |
| Case Opening Notification: Judge Assigned: U.S. District Judge Stephen R. Clark. (BAK) |
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| Defendant: Nesher Pharmaceuticals | |
| Represented By: | Sean Jonathan Oliveira |
| Represented By: | Burton D. Garland, Jr. |
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| Plaintiff: Ashley Phillips | |
| Represented By: | Lauren Sierra Kruskall |
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