Wallace v. Dolgen Midwest, LLC et al
| Jeffrey J Wallace |
| Dolgen Midwest, LLC, John Doe #1, John Doe #2 and Lora Wakefield |
| 5:2012cv02945 |
| November 29, 2012 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Summit |
| Sara Lioi |
| Assault Libel & Slander |
| 28 U.S.C. ยง 1332 Diversity-Libel,Assault,Slander |
| Both |
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Filing
65
Memorandum Opinion and Order: Defendant Susan Stull's motion to strike the second amended complaint, joined by defendant Dolgen Midwest, LLC (Doc. No. 40 ), is GRANTED and Doc. No. 36 is stricken from the record. Further, plaintiff 9;s motion for leave to file the second amended complaint (Doc. No. 47 ) is DENIED. Finally, plaintiff's motion to remand (Doc. No. 37 ) is DENIED as moot. The operative complaint remains the one attached to the notice of removal. All deadlines set forth in the Case Management Plan and Trial Order remain in effect. Judge Sara Lioi on 2/24/2015. (S,He)
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Filing
30
Memorandum Opinion and Order: The Court concludes that timeliness of removal is not an issue; the case was timely removed. The Clerk is directed to reopen this case. To clarify the record, however, in view of the state court's dismissal of Lora Wakefield, the Court sua sponte strikes the first amended complaint. (Doc. No. 7 .) The operative complaint is the document attached to the notice of removal. (Related Doc # 24 ). Judge Sara Lioi on 8/29/2014. (P,J)
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Filing
20
Memorandum Opinion: The Court concludes that plaintiff's first amended complaint, legitimately filed under Rule 15(a)(1)(A), divested this Court of diversity jurisdiction. Accordingly, plaintiff's motion to remand (Doc. No. 9 ) is granted and this case is remanded to the Summit County Court of Common Pleas. Judge Sara Lioi on 2/12/2013. (P,J)
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