context: Pls.' Mot. to Remand at 6 (stating that "Plaintiffs have filed essentially the same cause of action in both the DC Superior Court as well as the DC Federal Court"); see also Defs.' Opp'n to Pls.' Mot. to Remand, Ex. B. Thus, on at least two prior occasions, the plaintiffs have affirmatively invoked federal jurisdiction over the claims raised in the Superior Court complaint. See Pls.' Mot. to Remand at 3, 6. In so doing, they have waived any right to remand they may have otherwise had based on procedural defects in the removal of this action.
citation_a.signal: see
citation_a.identifier: 665 F.Supp.2d 515, 517
citation_a.parenthetical: holding that the plaintiffs waived any right to seek remand by filing a second amended complaint in federal court
citation_a.sentence: See Koehnen, 89 F.3d at 528 (concluding that the plaintiff waived any procedural defect in connection with removal by moving to file a supplemental complaint in the federal court and participating in oral argument on the motion); Moffit v. Balt. Am. Mortgage, 665 F.Supp.2d 515, 517 (D.Md.2009) (holding that the plaintiffs waived any right to seek remand by filing a second amended complaint in federal court); see also Akin v. Ashland Chem. Co., 156 F.3d 1030, 1036 (10th Cir.1998) (noting that “plaintiffs cannot voluntarily invoke, and then disavow, federal jurisdiction”) Accordingly, the court denies the plaintiffs’ motion to remand.
citation_b.signal: see also
citation_b.identifier: 156 F.3d 1030, 1036
citation_b.parenthetical: noting that "plaintiffs cannot voluntarily invoke, and then disavow, federal jurisdiction"
citation_b.sentence: See Koehnen, 89 F.3d at 528 (concluding that the plaintiff waived any procedural defect in connection with removal by moving to file a supplemental complaint in the federal court and participating in oral argument on the motion); Moffit v. Balt. Am. Mortgage, 665 F.Supp.2d 515, 517 (D.Md.2009) (holding that the plaintiffs waived any right to seek remand by filing a second amended complaint in federal court); see also Akin v. Ashland Chem. Co., 156 F.3d 1030, 1036 (10th Cir.1998) (noting that “plaintiffs cannot voluntarily invoke, and then disavow, federal jurisdiction”) Accordingly, the court denies the plaintiffs’ motion to remand.