Friend v. Martinez

• Court: District Court, W.D. Washington
• Decided: January 8, 2020
• Docket: 3:19-cv-06154
• Status: Unknown

Opinion

1 HONORABLE RONALD B. LEIGHTON 2 3 4 5

6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT TACOMA 8 HORACE G FRIEND, CASE NO. C19-6154RBL 9 Plaintiff, ORDER 10 v. 11 ANGEL MARTINEZ, et al., 12 Defendants. 13

14 THIS MATTER is before the Court on Plaintiff Friend’s Motion to Remand [Dkt. # 9], 15 based on his claim that since Defendants removed the case [Dkt. #1], he has unilaterally reduced 16 the amount of damages he seeks below the jurisdictional threshold. 17 As Defendants accurately point out, post-removal amendments do not deprive the Court 18 of subject matter jurisdiction, so long as the initial removal was proper. See Sparta Surgical 19 Corp. v. National Ass’n of Securities Dealers, Inc., 159 F.3d 1209, 1213 (9th Cir.1998). Friend’s 20 post-removal effort to deprive the Court of jurisdiction is therefore unavailing, and his Motion to 21 Remand is DENIED. 22 Friend’s alternate Motion for Voluntary Dismissal (without prejudice) is unopposed and 23 is therefore GRANTED, and this matter is DISMISSED without prejudice. 24 1 Defendants’ pending Motion to Dismiss [Dkt. # 7] is DENIED as moot. The case is 2 closed. 3 IT IS SO ORDERED. 4 Dated this 8th day of January, 2020. 5 A

6 Ronald B. Leighton 7 United States District Judge

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