the delay it causes in litigation of this matter.
In light of its decision to remand, this Court declines to rule on the District of Columbia's Motion to Dismiss or in the Alternative for Summary Judgment which may be renewed in the Superior Court, if the District of Columbia chooses to do so.
The Court finds in the above-entitled cause that the defendant WMATA has Eleventh Amendment immunity and has neither waived its constitutional right nor consented to suit in federal court. Moreover, the Court has determined that since it is without jurisdiction to hear the claims against WMATA, the appropriate and proper action is to dismiss these cases, without prejudice, and to remand them in their entirety to Superior Court pursuant to 28 U.S.C. § 1447(c). An Order in accordance with the foregoing shall issue of even date herewith.
CHARLES R. RICHEY, UNITED STATES DISTRICT JUDGE
[EDITOR'S NOTE: The following court-provided text does not appear at this cite in 643 F. Supp.]
The Court has before it defendant Washington Metropolitan Area Transit Authority's ("WMATA") Motion to Dismiss on grounds of Eleventh Amendment immunity. Plaintiffs have filed an Opposition thereto, and WMATA has submitted a Reply.
For the reasons set forth in the Court's Opinion issued of even date herewith, the Court finds that WMATA has Eleventh Amendment immunity from suit and has not waived its constitutional protection. Therefore, defendant WMATA's Motion to Dismiss must be granted.
The Court further finds that because of WMATA's immunity under the Eleventh Amendment, it lacks jurisdiction to hear these consolidated matters, and, thus, causes were improvidently removed from the Superior Court of the District of Columbia. Pursuant to 28 U.S.C. § 1447(c), the Court will remand each case in its entirety to the Superior Court. Accordingly, it is, by the Court, this 28th day of August, 1986,
ORDERED that defendant WMATA's Motion to Dismiss be, and the same hereby is, granted as to each of the captioned cases, and it is,
FURTHER ORDERED that the above-entitled causes be, and the same hereby are, dismissed, without prejudice, from the dockets of this Court and remanded, pursuant to 28 U.S.C. § 1447(c), to the Superior Court of the District of Columbia, and, it is,
FURTHER ORDERED that, in accordance with 28 U.S.C. § 1447(c), the Clerk of the United States District Court shall mail a certified copy of this Order together with the Court's file and a certified copy of its docket entries to the Clerk of the Superior Court of the District of Columbia.
CHARLES R. RICHEY, UNITED STATES DISTRICT COURT
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