Date: 04-04-2018

Case Style:

Case Number: 3:17-cv-02141-MPS

Judge: Michael P. Shea

Court: United States District Court for the District of Connecticut (New Haven County)

Plaintiff's Attorney: Michael C. McMinn

Defendant's Attorney: Lori B. Alexander and Matthew K. Curtin

Description: New Haven, CT - Peter Ernsky sued Coca-Cola Refreshments USA, Inc. on an employment discrimination.

03/16/2018 31 RESPONSE TO by Peter Ernsky filed by Peter Ernsky. (McMinn, Michael) (Entered: 03/16/2018)
03/16/2018 32 NOTICE by Coca-Cola Refreshments USA, Inc. re 27 Order,,,, Statement re Order to Show Cause (Curtin, Matthew) (Entered: 03/16/2018)
04/04/2018 33 ORDER. The Court has reviewed the parties' 31 and 32 statements regarding the Court's removal jurisdiction over this matter. The parties rely on one district court case and one state appellate court case from outside the Second Circuit, and provide no Second Circuit authority in support of retaining jurisdiction. Federal courts must construe removal statutes narrowly, "resolving any doubts against removability." Lupo v. Hum. Affairs Int'l., Inc., 28 F.3d 269, 274 (2d Cir. 1994) (internal quotation marks omitted). As the language of 28 U.S.C. § 1445(c) "broadly prohibits removal of a civil action in any State court arising under the workmen's compensation laws of such State," Miley v. Hous. Auth. of City of Bridgeport, 926 F. Supp. 2d 420, 427 (D. Conn. 2013), and in light of the lack of binding authority in support of retaining jurisdiction, the Court is not persuaded that Plaintiff's workers' compensation retaliation claim does not "aris[e] under" Connecticut workers' compensation laws. Therefore, the Court must remand Plaintiff's workers' compensation retaliation claim. Because the language of 28 U.S.C. § 1445(c) applies to any "civil action," and as the parties have not identified any authority to support retaining jurisdiction over Plaintiff's claim for intentional infliction of emotional distress, the Court finds that remand of the entire action is appropriate. The Clerk is directed to REMAND this action to State court.
Signed by Judge Michael P. Shea on 4/4/2018. (Taykhman, N.) (Entered: 04/04/2018)
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(Johnson, D.) (Entered: 04/05/2018)

Outcome: Case remanded to State Court Judicial District of Judicial District of Hartford. (Johnson, D.) (Entered: 04/16/2018)

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Defendant's Experts:

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