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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND CHRISTY WEST and JASON WEST : : : : : : :

v. CRACKER BARREL OLD COUNTRY STORE, et al.

Civil No. CCB-06-0400

MEMORANDUM Now pending before the court is plaintiffs Christy and Jason West's motion to remand. The issues have been fully briefed and no hearing is necessary. Local Rule 105.6. For the reasons that follow, the plaintiffs' motion will be denied.

BACKGROUND The Wests, both Maryland residents, claim that on or about January 22, 2005, Christy West was walking in the parking lot of defendant Cracker Barrel Old Country Store's ("Cracker Barrel") restaurant in Bel Air, Maryland. The Wests further allege that Christy slipped and fell on a patch of uncleared ice, suffering multiple injuries. Consequently, on January 13, 2006, the Wests filed suit in the Circuit Court of Maryland for Cecil County against Cracker Barrel, claiming negligence and loss of consortium. Cracker Barrel filed a notice of removal with this court on February 16, 2006, which was followed by this motion to remand on March 2, 2006. Cracker Barrel asserts that jurisdiction is proper under 28 U.S.C.

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Maryland Law