Friend v. Martinez

Opinion

HONORABLE RONALD B. LEIGHTON

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA HORACE G FRIEND, CASE NO. C19-6154RBL Plaintiff, ORDER v. ANGEL MARTINEZ, et al., Defendants.

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

Ronald B. Leighton United States District Judge