Wilson v. Toddamy, Inc. et al

State: Missouri

Court: Missouri Eastern District Court

Docket No: 4:2006cv00178

Case Date: 02/16/2006

Plaintiff: Wilson

Defendant: Toddamy, Inc. et al

Preview:Wilson v. Toddamy, Inc. et al

Doc. 12

Case 4:06-cv-00178-RWS

Document 12

Filed 02/16/2006

Page 1 of 3

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION WANDA CHRISTIAN WILSON, Plaintiff, v. TODDAMY, INC., et al., Defendants. ) ) ) ) ) ) ) ) )

Case No. 4:06CV178 RWS

MEMORANDUM AND ORDER Plaintiff filed this case in the Circuit Court of St. Louis County, Missouri asserting only state law tort claims against Defendants. Plaintiff filed a separate case in the United States District Court of the Western District of Missouri asserting employment discrimination claims under federal law against Defendant Toddamy, Inc. Defendants removed the state case to this Court and seek to transfer this case to the United States District Court of the Western District of Missouri. Plaintiff has consented to Defendants' motion to transfer. A federal judge must make an independent determination whether federal jurisdiction exists in a case. Defendants assert that removal is proper because Plaintiff's state court claims involve the same operative facts as the claims in the Plaintiff's federal case. This is not a recognized basis for federal jurisdiction. Under 28 U.S.C.

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