Buck Construction, LLC v. Murray Corporation
||Buck Construction, LLC
||March 9, 2017
||US District Court for the Northern District of New York
||Therese Wiley Dancks
||Frederick J. Scullin
|Nature of Suit:
||Property Damage Product Liability
|Cause of Action:
||28 U.S.C. § 1332
|Jury Demanded By:
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|September 18, 2017
JUDGMENT: It is ORDERED and ADJUDGED that, upon the filing of the # 20 Amended Complaint, this action is REMANDED to state court because this Court no longer has subject matter jurisdiction over this action. [Certified copies of this judgment and the # 19 Order served upon Oneida County Clerk via regular mail.] (nmk)
|September 8, 2017
MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Plaintiff's # 17 cross-motion to amend its complaint and to join Howland Pump as a Defendant is GRANTED. The Court further ORDERS that Plaintiff shall file and serve its amended comp laint within 10 days of the date of this Memorandum-Decision and Order. The Court further ORDERS that Defendant's # 11 motion to dismiss for lack of personal jurisdiction pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure is D ENIED. The Court further ORDERS that, after Plaintiff files its amended complaint, which will, among other things, name as a Defendant to this action, a non-diverse party, i.e., Howland Pump, this action shall be REMANDED to state court because this Court will no longer have subject matter jurisdiction over this action. The Court further ORDERS that the Clerk of the Court shall, at the appropriate time, mail a certified copy of this Memorandum-Decision and Order to the Clerk of New York Supreme Court, Oneida County, as 28 U.S.C. § 1447(c) requires. Signed by Senior Judge Frederick J. Scullin, Jr. on 9/8/2017. (nmk)
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