Forde et al v. Hornblower New York, LLC
||Crystal Forde and Taleisha Charles
||Hornblower New York, LLC, Hornblower Yachts, LLC and Rafaella D. Maranhao
||May 31, 2016
||US District Court for the Southern District of New York
||Foley Square Office
||XX Out of State
||Alison J. Nathan
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 1441
|Jury Demanded By:
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|March 20, 2017
MEMORANDUM & ORDER granting 7 Motion to Remand to State Court. This Court joins the majority of district courts in concluding that the savings to suitor clause continues to bar the removal of admiralty claims absent an independen t basis for federal court jurisdiction, even in the wake of the 2011 amendment to 28 U.S.C. § 1441. Because no separate basis of jurisdiction exists in this case, the Court hereby remands Plaintiffs Forde and Charles' case to the New York Supreme Court, County of New York. See 28 U.S.C. § 1447(c); Olsen, 130 F. Supp. 3d at 763. Additionally, the Court declines to exercise its discretion over Intervenor Figueroa's complaint, and it dismisses that complaint without pr ejudice. This resolves Docket Number 7. The Clerk of the Court is directed remand Plaintiffs' Forde and Charles' complaint to state court and then close the case. (As further set forth in this Memorandum & Order.) (Signed by Judge Alison J. Nathan on 3/20/2017) (mro)
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