United States District Court, D. Alaska
March 3, 2015
KONIAG, INC., Plaintiff,
ALICIA REFT, Defendant.
ORDER OF REMAND
SHARON L. GLEASON, District Judge.
On January 20, 2015, Alicia Reft removed Alaska Superior Court Case No. 3AN-14-10268CI to this Court,  purportedly under the Court's subject matter jurisdiction. Title 28 U.S.C. section 1447(c) provides that, "[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded."
The Plaintiff in this case, Koniag, Inc., previously filed a case in this Court which the Court described as follows:
Koniag brought the present action for intentional trespass, ejectment, and to quiet title in connection with the Cabin. Koniag also seeks a declaratory judgment that (1) any challenge to the Merger is time-barred; (2) the removal of the Cabin will not violate the Native American Graves Protection and Repatriation Act (NAGPRA); (3) the land obtained by Koniag through the Merger may not be adversely possessed; (4) neither Reft nor the Native Village of Karluk, acting through Reft, may disturb Koniag's interest in its land through retrocession from Public Law 280; and (5) neither Reft, nor the Native Village of Karluk, acting through Reft, may exercise governmental or proprietary jurisdiction over Koniag, its land, or the Cabin. On August 5, 2013, Koniag filed a Notice of Voluntary Dismissal of Claims Against Andrew Airways and Dean T. Andrew Without Prejudice and Without Costs.
In that previous case, Ms. Reft prevailed on a motion to dismiss, arguing that the Court did not have subject matter jurisdiction under 28 U.S.C. § 1331.
Koniag then filed its claims against Ms. Reft in the Superior Court for the State of Alaska,  which case Ms. Reft removed to this Court. For the same reason that the Court dismissed the previous case - lack of subject matter jurisdiction - this case must be remanded to the state court as required by 28 U.S.C. § 1447(c).
IT IS THEREFORE ORDERED:
1. This case is REMANDED to the Superior Court for the State of Alaska, Third Judicial District, Case No. 3AN-14-10268CI.
2. All outstanding motions may be decided by the Superior Court for the State of Alaska.
3. Any further documents filed in this case will be forwarded to the Superior Court for the State of Alaska, for filing in 3AN-14-10268CI.
4. This case is CLOSED.