Jump To

Top Caption Trial Court Document The text of this document was obtained by analyzing a scanned document and may have typos.

Support FLP

CourtListener is a project of Free
Law Project, a federally-recognized 501(c)(3) non-profit. Members help support our work and get special access to features.

Please become a member today.

Join Free.law Now

March 2, 2026 Get Citation Alerts Download PDF Add Note

Gennadiy Kats and James Moore, individually and on behalf of Russell Mining Corporation v. Russell Mining Corporation, a Washington Corporation, and Andrew J. Russell, individually, in his capacity as CEO

District Court, E.D. Washington

• Citations: None known
• Docket Number: 2:26-cv-00087

• Precedential Status: Unknown Status

• Opinion

• Authorities (2)

• Cited By (0)

• Summaries (0)

• Similar Cases (0)

• PDF

Trial Court Document

1 EASTERN DISTRICT OF WASHINGTON
Mar 02, 2026

2

SEAN F. MCAVOY, CLERK

3

4

5 UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF WASHINGTON

6

7

GENNADIY KATS AND JAMES No. 2:26-CV-00087-RLP

MOORE, individually and on behalf of

8

RUSSELL MINING CORPORATION,

9

Plaintiffs, ORDER GRANTING MOTION TO

REMAND

10

v.

11

RUSSELL MINING CORPORATION,

a Washington Corporation, and

12

ANDREW J. RUSSELL, individually,

in his capacity as CEO, and in his

13

capacity as director and JANE DOE

RUSSELL, in their marital community,

14

and ANDREW J. RUSSELL as trustee

of the RUSSELL FAMILY TRUST, and

15

any co-trustee,

16

Defendants.

17

Before the Court is Defendant Russell Mining Corporation’s Motion to
18

Remand this matter to Spokane Superior Court. ECF No. 3. The Motion indicates
19

20

1 the Notice of Removal was filed in error because there is not complete diversity
2 between the parties.

3 Plaintiff’s Compliant was filed on February 13, 2026, in Spokane County
4 Superior Court. ECF No. 1-1. On February 18, 2026, Defendant Russell Mining
5 Corporation filed a Notice of Removal. ECF No. 1.

6 Federal courts have original jurisdiction over civil actions where the amount
7 in controversy exceeds $75,000 and the case is between citizens of different states.
8 28 U.S.C. § 1332 (a). Diversity jurisdiction under 28 U.S.C. § 1332 (a) requires that
9 each plaintiff be diverse from each defendant. Exxon Mobil Corp. v. Allapattah

10 Servs., Inc., 545 U.S. 546, 553 (2005) (citing Owen Equipment & Erection Co. v.
11 Kroger, 437 U.S. 365, 375 (1978)). Furthermore, the removal statute indicates an
12 action may not be removed if any defendant is a citizen of the state in which the

13 action is brought. 28 U.S.C. § 1441 (b)(2).

14 The Motion acknowledges that Defendants Andrew J. Russell and the

15 Russell Family Trust are residents of the State of Washington. ECF No. 3.
16 Therefore, complete diversity does not exist, and this matter was not properly

17 removed to federal court.

18 Accordingly, IT IS ORDERED:

19 1. Defendant Russell Mining Corporation’s Motion to Remand, ECF

20 No. 8, is GRANTED.

1 2. This matter is REMANDED to Spokane County Superior Court.
2 IT IS SO ORDERED. The Court Clerk is directed to enter this Order,
3|| provide copies to counsel, and CLOSE the file.
4 DATED March 2, 2026.

6 ~~ REBECCAL.PENNELL
UNITED STATES DISTRICT JUDGE
7
8
9
10
1]
12
13
14
15
16
17
18
19
20

ORDER     ANTING MOTION TA RPEMANTD 2