THE HARTLEY COMPANY v. JF ACQUISITION, LLC

Case No. 3:15-cv-94.

THE HARTLEY COMPANY, Plaintiff, v. JF ACQUISITION, LLC, d/b/a JONES & FRANK, Defendant.

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

Editors Note
Applicable Law: 28 U.S.C. § 1332
Cause: 28 U.S.C. § 1332 Diversity - Other Contract
Nature of Suit: 240 Torts to Land
Source: PACER


Attorney(s) appearing for the Case

The Hartley Company, Plaintiff, represented by Frank J. Reed, Jr. , Frost Brown Todd LLC.

The Hartley Company, Plaintiff, represented by Michelle Yvonne Harrison , Frost Brown Todd & Stephen Eric Chappelear , Frost Brown Todd LLC.

State of Ohio Petroleum Underground Storage Tank Release Compensation Board, Intervenor Plaintiff, represented by Jennifer S.M. Croskey , Ohio Attorney General.

JF Acquisition, LLC d/b/a Jones & Frank, Defendant, represented by Ryan K. Rubin , Lewis, Brisbois, Bisgaard & Smith LLP, Thomas Paul Mannion , Lewis, Brisbois, Bisgaard & Smith, LLP & Katherine Lynn Kennedy , Lewis Brisbois Bisgaard & Smith LLP.


ORDER REMANDING THE CAPTIONED CAUSE TO THE MIAMI COUNTY, OHIO, COURT OF COMMON PLEAS; MOTIONS IN LIMINE OF PLAINTIFF THE HARTLEY COMPANY AND DEFENDANT JF ACQUISITION, LLC, d/b/a JONES & FRANK (DOC. #22, 23, 24, 25, 26, 27) AND JF'S MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY (DOC. #57) ARE OVERRULED WITHOUT PREJUDICE, SUBJECT TO REFILING UPON REMAND; TERMINATION ENTRY

WALTER H. RICE, District Judge.

On May 1, 2017, this Court issued a Decision and Entry, concluding that the Ohio Petroleum Underground Storage Tank Release Compensation Board ("The Board") was a necessary party under Rule 19(a), but that joinder of The Board by this Court was barred by the Eleventh Amendment. Further, the Court concluded that The Board is an indispensable party under Rule 19(b), as the instant lawsuit could not, in equity or good conscience, proceed without The Board joined as a party. Accordingly, the Court ordered that the captioned cause be remanded to the Miami County, Ohio, Court of Common Pleas. Doc. #98, PAGEID #3347-48. However, the Court agreed to leave the captioned cause active on its docket for thirty days to allow The Board, Plaintiff The Hartley Company ("Hartley") or Defendant JF Acquisition, LLC, d/b/a Jones & Frank ("JF") to file motions for reconsideration of the Court's Decision and Entry. Id., PAGEID #3357. However, the Court stated that "[i]f no such motion is filed, then the Court will issue an order of remand, and a termination entry." Id., PAGEID #3357-58.

As no motion for reconsideration have been filed, and the time for doing so has expired, the Court ORDERS that the captioned cause be REMANDED to the Miami County, Ohio, Court of Common Pleas. The pending Motions In Limine filed by Hartley and JF, Doc. #22, 23, 24, 25, 26, 27, and JF's Motion for Extension of Time to Complete Discovery, Doc. #57, are OVERRULED WITHOUT PREJUDICE, subject to refiling upon remand.

The captioned case is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.


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