RAVENSCRAFT v. JOURNEY LITE OF CINCINNATI, LLC

Case No. 1:16-cv-821.

MARY RAVENSCRAFT, Plaintiff, v. JOURNEY LITE OF CINCINNATI, LLC, Defendant.

United States District Court, S.D. Ohio, Western Division.

Editors Note
Applicable Law: 28 U.S.C. § 1441
Cause: 28 U.S.C. § 1441 Petition for Removal - Medical Malpractice
Nature of Suit: 362 Personal Inj. Med. Malpractice
Source: PACER


Attorney(s) appearing for the Case

Mary Ravenscraft, Plaintiff, represented by Matthew J. Hammer , The Deters Law Firm P.S.C..

Mary Ravenscraft, Plaintiff, represented by Robert Albert Winter, Jr. .

Journey Lite of Cincinnati, LLC, Defendant, represented by Ana Crawford , Porter Wright Morris & Arthur & Carolyn Ann Taggart , Porter Wright Morris & Arthur, LLP.


ORDER OF REMAND

TIMOTHY S. BLACK, District Judge.

On February 13, 2016, in consolidated Case No. 1:16-cv-004, this Court entered an Order remanding to state court 227 civil actions alleging medical malpractice by Abubakar Atiq Durrani, M.D., which state cases had been removed to this Court. The Court found that the state civil actions did not comprise a mass action as defined in the Class Action Fairness Act ("CAFA"), 28 U.S.C. § 1332(d)(11). Defendants appealed the order of remand to the Court of Appeals for the Sixth Circuit. The Court of Appeals denied that appeal and subsequently issued their mandate in that case. See Daniel et al. v. Ascira Partners, LLC et al., Sixth Circuit Case No. 16-3549, Docs. 38, 52.

The present case was removed by Defendant under the same mass action theory presented in consolidated Case No. 1:16-cv-004. Because that theory of removal has already been held to be improper by the Court of Appeals for the Sixth Circuit, remand is appropriate in this case. Accordingly, (1) This case is REMANDED to the state court from which it was removed; (2) the Clerk shall enter Judgment accordingly; and (3) this case is TERMINATED from the docket of this Court.

IT IS SO ORDERED.


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