Twitchell v. State of Alaska, et al.

Summary

The United States District Court for the District of Alaska grants Martin Twitchell’s motion to remand an action removed from Alaska state court. The court holds that the operative Second Amended Complaint eliminated the federal claims, leaving only state-law claims and no basis for federal-question or supplemental jurisdiction under Royal Canin U.S.A., Inc. v. Wullschleger. The case is remanded to the Superior Court for the State of Alaska, Third Judicial District at Anchorage.

Holdings

1. When a plaintiff amends the complaint after removal, federal jurisdiction depends on what the operative amended complaint alleges.
2. When the operative complaint eliminates all federal claims, federal-question jurisdiction disappears and the federal court must remand the remaining state-law claims because supplemental jurisdiction also disappears.
3. Plaintiff's Second Amended Complaint was properly filed with Defendants' written consent under Rule 15 and was the operative pleading for jurisdictional purposes.

Questions Presented

1. Whether the court's federal-question jurisdiction should be determined from the operative Second Amended Complaint filed after removal.
2. Whether Plaintiff's elimination of all federal claims from the Second Amended Complaint required remand of the remaining state-law claims.
3. Whether Plaintiff properly amended the complaint under Federal Rule of Civil Procedure 15 with Defendants' written consent.

Disposition

remanded