United States District Court, D. Maryland
MEMORANDUM AND ORDER RE: REMAND
MARVIN J. GARBIS, District Judge.
The Court has before it the document deemed to constitute Plaintiff's Motion for Remand [Document 52] and the materials submitted relating thereto. The Court finds that a hearing is unnecessary.
Although Bryant Newmuis, presumably a Maryland citizen, has been named as a defendant in this case, there is no contention that he was ever served with process in the instant case. Moreover, Plaintiff previously obtained a judgment against Mr. Newmuis based upon the same claims against him as are asserted in the instant case. Accordingly, Mr. Newmuis is not a party defendant whose presence destroys federal diversity jurisdiction.
The state court has dismissed all claims against "Freddie Hendricks Track Club, an affiliate organization of the Amateur Athletic Union." See [Document 50]. Furthermore, it appears that there never has been such an entity.
Plaintiff presents no valid objection to this Court's exercise of diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). The case presents complete diversity of citizenship and the amount in controversy exceeds $75, 000.
For the foregoing reasons:
1. Plaintiff's Motion for Remand [Document 52] is DENIED.
2. The instant case presents claims by Plaintiff against Defendant Amateur Athletic Union of the United ...