Richard Peter Jones and Michael Joseph Bitgood a/k/a Michael Easton v. City of Sugar Land, Texas, et al.

Summary

The United States District Court for the Southern District of Texas denies the plaintiffs’ motions to remand, concluding that any procedural objection to removal was waived and that the court retained jurisdiction. Because the plaintiffs declined to file a compliant amended pleading after their prior pleading was struck, the court dismisses the case without prejudice.

Holdings

1. Striking the amended petition did not require remand because the plaintiffs' arguments did not establish a jurisdictional defect requiring return of the case to state court.
2. Failure of all defendants to join in a removal petition is not a jurisdictional defect, and any such procedural objection was waived because plaintiffs did not move to remand within 30 days after removal.
3. Dismissal without prejudice was appropriate because plaintiffs failed to comply with the order requiring a compliant complaint and expressly declined to replead.

Questions Presented

1. Whether the case had to be remanded because the court had struck the operative pleading and plaintiffs asserted that no live pleading remained.
2. Whether the alleged failure of all defendants to join in removal required remand under the rule of unanimity.
3. Whether dismissal without prejudice was appropriate after plaintiffs failed to comply with the order to file a compliant complaint and expressly declined to replead.

Disposition

dismissed