JANE DOE #1, a minor, by her next friends and guardians, Ben and Kelly Houdersheldt; BEN HOUDERSHELDT; KELLY HOUDERSHELDT; JANE DOE #2, a minor, by her next friends and guardians, Ben and Kelly Houdersheldt, Plaintiffs - Appellees,
MATT BLAIR, an individual; RES-CARE, INC., a foreign company, Defendants - Appellants
January 28, 2016.
from the United States District Court for the Southern
District of West Virginia, at Beckley. (5:14-cv-23501). Irene
C. Berger, District Judge.
Taylor George, MACCORKLE LAVENDER, PLLC, Charleston, West
Virginia, for Appellants.
Leon Conrad, CONRAD & CONRAD, PLLC, Fayetteville, West
Virginia, for Appellees.
E. Mullins, MACCORKLE LAVENDER, PLLC, Charleston, West
Virginia, for Appellant Matt Blair.
Fuller, Suleiman O. Oko-ogua, BAILEY & WYANT, PLLC,
Charleston, West Virginia, for Appellant Res-Care, Inc.
T. Conrad, CONRAD & CONRAD, PLLC, Fayetteville, West
Virginia; Thomas A. Rist, RIST LAW OFFICES, Fayetteville,
West Virginia, for Appellees.
SHEDD and FLOYD, Circuit Judges, and Loretta C. BIGGS, United
States District Judge for the Middle District of North
Carolina, sitting by designation. Judge Floyd wrote the
opinion, in which Judge Shedd and Judge Biggs joined.
appeal challenges the district court's sua sponte order
remanding the underlying case to state court. The district
court determined that federal diversity jurisdiction had not
been established because the removing defendant--a
corporation--failed to allege its principal place of
business. Defendants argue that the district court did not
have authority to remand the case. Plaintiffs contend that we
do not have jurisdiction to review the remand order. Because
the district court based its remand order on a procedural
defect in the removal notice, we conclude both that we have
jurisdiction to review the remand order and that the district
court did not have authority to issue the remand order sua
sponte. Accordingly, we reverse the district court's
remand order and remand this case to the district court for
March 27, 2014, Jane Doe #1, through her next friends and
guardians Ben and Kelly Houdersheldt, filed a complaint in
West Virginia state court against Matt Blair (Blair) and
Res-Care, Inc. (Res-Care). On July 14, 2014, Res-Care removed
the case to federal court, asserting subject matter
jurisdiction based on diversity of citizenship. In the
removal notice, Res-Care alleged that Jane Doe #1 was a West
Virginia resident, Blair was a Virginia resident, and it was
incorporated in Kentucky. However, Res-Care did not allege
the state in which it had ...