Marley v. Elliot Turbomachinery Co., Inc.

Amended Order Denying Motion to Remand

ADALBERTO JORDAN, District Judge.

Elliott Turbomachinery and Viad removed this action to federal court pursuant to 28 U.S.C. § 1442(a)(1). Pending is the plaintiffs’ motion to remand, arguing that the defendants had not sufficiently shown a federal colorable defense and a nexus between this action and their official duties. For the reasons stated below, the motion to remand [D.E. 2] is DENIED.

I. Factual Background

This action is in essence a dispute about the defendants’ ability, under their contract with the Navy, to warn Mr. Marley that unprotected…