Leander Weig v. Green Acres Enterprises, Inc.; David Misener; and Communicating for Agriculture Exchange Program

Summary

The United States District Court for the Western District of Oklahoma grants Plaintiff Leander Weig’s motion to remand an action removed from Oklahoma state court. The court concludes that removal based on diversity jurisdiction was barred by the forum-defendant rule and that the defendant could not assert federal-question jurisdiction for the first time in response to the remand motion.

Holdings

1. Removal based solely on diversity jurisdiction was improper because Green Acres Enterprises, Inc. and David Misener were Oklahoma citizens, the state in which the action was brought.
2. CAEP could not assert a completely new federal-question basis for removal for the first time in response to the motion to remand without properly amending its notice of removal.
3. CAEP failed to establish federal jurisdiction, so remand to the District Court of Beckham County was appropriate.

Questions Presented

1. Whether removal was barred by the forum defendant rule because Green Acres Enterprises, Inc. and David Misener were citizens of Oklahoma, the state in which the action was brought.
2. Whether CAEP, LLC could assert federal-question jurisdiction for the first time in response to Plaintiff's motion to remand after omitting that ground from its notice of removal.
3. Whether remand was appropriate for failure to establish a valid basis for federal jurisdiction.

Disposition

remanded