Michigan Department of Treasury v. Michalec

OPINION AND ORDER GRANTING PLAINTIFF’S MOTION FOR RECONSIDERATION AND REMANDING CASE TO OGEMAW COUNTY, MICHIGAN CIRCUIT COURT

LAWSON, District Judge.

This matter is before the Court on plaintiffs motion for reconsideration filed November 8, 2000. At a hearing on October 25, 2000, this Court denied plaintiffs motion to remand finding that removal jurisdiction was proper because the state law claim was preempted by the Employee Retirement Income Security Act (ERISA) and provided a basis for removal jurisdiction. Because the Court now finds that it lacks removal jurisdiction, the Court will grant…