Free Motion to Remand - District Court of Delaware - Delaware

Case 1 :08-cv-00107-JJF Document 9 Filed O3/20/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT _COURT
FOR THE DISTRICT OF DELAWARE
` CYNTHIA PARLIN, Individually, and )
in her Capacities as Surviving )
Spouse of Samuel Parlin, And As )
Executrix of the Estate of Samuel ) C.A. No.: 1:08~cv—o01o7 JJ F
Parlin, Deceased, )
) TRIAL BY J URY DEMANDED
Plaintiffs, )
)
- v. ) `
)
DYNCORP INTERNATIONAL, INC., )
et al., )
D
, Defendants. )
PLAINTIFFS’ MOTION FOR REMAND
i Plaintiffs, by and through undersigned counsel, hereby move under 28 U.S.C. §
1447(c) for remand of this action.
Defendants’ removal under 28 U.S.C. § 1441(a) and (b) was improper because
they are citizens of the State in which this action was brought and because their
anticipated federal defenses do not create “arising under" jurisdiction. Louisville &N. R.
. Co. u. Mottley, 211 U.S. 149, 152 (1908).
2 Defendants’ removal under 28 U.S.C. § 1442 was also improper because
Defendants acted only under the general auspices of a government contract that made
them responsible for Plaintiff··decedent’s safety; Defendants did not act under the direct
orders of a federal officer. Watson u. Philip Morris Cos., 127 S. Ct. 2301, 2308 (2007).
DBo2:6679o44.1 067040.100;

Case 1:08-cv-OO107—JJF Document 9 Filed O3/20/2008 Page 2 of 2
For the above reasons, further detailed in Plaintiffs’ Brief, incorporated here by
reference, Plaintiffs respectfully request this action be remanded back to the Delaware
Superior Court in and for New Castle County.
Respectfully submitted,
22%;:, g;,(Q;,
Nei ` Mullen lsh (2707)
Ben T. Castle (520)
Youne CONAwAY STARGAU & TAYLOR, LLP
1000 West Street, 17th Floor
P.O. Box 391
Wilmington, DE 19899-0391
(302) 571-6618/6603
Attorneys for Plaintiffs
Of Counsel:
James E. Beasley, Jr.
Maxwell S. Kennerly
I THE Bmsrsr FIRM, LLC
` 1125 Walnut Street
p Philadelphia, PA 19107-4997
(215) 592-1000
E Dated: March 20, 2008
nso2;66v9o44.1 ‘ 0670401001

Case 1:08-cv-00107-JJF

Document 9

Filed 03/20/2008

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Case 1:08-cv-00107-JJF

Document 9

Filed 03/20/2008

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