Keene v. Auto Owners Insurance

ORDER

VOLLMER, District Judge.

This matter comes before the court sua sponte for a determination of whether the supplemental jurisdiction statute, 28 U.S.C. § 1367, permits a defendant to remove an otherwise unremovable action for consolidation with a related action pending in federal court. After careful consideration, the court concludes that section 1367 does not create original jurisdiction over a separate but related state action and therefore does not permit removal to federal court. Consequently, because the removing defendants rely solely upon section 1367 for subject matter…