Civil Action No. 3:01-CV-2777-GUnited States District Court, N.D. Texas, Dallas Division
February 8, 2002
A. JOE FISH, Chief Judge.
Before the court is the plaintiffs’ emergency motion to remand, filed January 23, 2002. The issues presented on this motion are not new or novel in this circuit. This is one of several cases removed on or about December 21, 2001 by defendant Honeywell International, Inc. (“Honeywell”), allegedly pursuant to this court’s bankruptcy jurisdiction. Judges Samuel B. Kent and Janis G. Jack of the United States District Court for the Southern District of Texas have recently remanded cases in which Honeywell alleged the same jurisdictional nexus in support of removal. See Schroeder v. Honeywell International, Inc.,
No. G-01-906 (S.D. Tex. Jan. 23, 2002) (order granting plaintiffs’ motion to remand) (Kent, J.); Webb v. Honeywell International, Inc., No. C-01-617 (S.D. Tex. Jan. 7, 2002) (order granting plaintiffs’ motion to remand) (Jack, J.). This court concurs with the reasoning of, and the results reached by, Judges Kent and Jack. Neither plaintiffs’ claims nor Honeywell’s potential claims for contribution relate to, or arise under, Title 11 of the bankruptcy code. See id.; Arnold v. Garlock, Inc.,
___ F.3d ___ 2001 WL 1669714 (5th Cir. Dec. 28, 2001). In consequence, this court lacks subject matter jurisdiction over this case; it must be remanded. See 28 U.S.C.(c). § 1447(c).
Plaintiffs’ emergency motion to remand is GRANTED; this case isREMANDED to the 191st Judicial District Court, Dallas County, Texas due to this court’s lack of subject matter jurisdiction.