Stevens v. Montreat College, et al.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:23-cv-00284-MR-WCM
RYAN CRAIG STEVENS, )
)
Plaintiff, )
) ORDER
v. )
)
MONTREAT COLLEGE; )
PAUL J. MAURER; )
DANIEL BENNETT; )
DOROTHEA SHUMAN; and )
RYAN ZWART, )
)
Defendants )
_______________________________ )
This matter is before the Court
sua sponte for purposes of a jurisdictional
review as well as on a Motion for Extension of Time (the “Motion for
Extension,” Doc. 2) filed by Montreat College (“Montreat”).
On October 6, 2023, Montreat filed a Notice of Removal asserting that
this Court has federal subject matter jurisdiction pursuant to 28 U.S.C. §1331.
Doc. 1. Montreat’s position is based on the claims set forth in an amended
complaint. Doc. 1; Doc. 1-8 (the amended complaint).
However, it is not clear whether Plaintiff amended his complaint (before
removal) pursuant to the North Carolina Rules of Civil Procedure such that
the amended complaint was the operative complaint at the time of removal.
Case 1:23-cv-00284-MR-WCM Document 3 Filed 10/19/23 Page 1 of 2

Further, it is not immediately apparent whether the amended complaint
presents a federal question pursuant to 28 U.S.C. § 1331.
A court has “an independent obligation to determine whether subject-
matter jurisdiction exists, even in the absence of a challenge from any party.”
Arbaugh v. Y&H Corp., 546 U.S. 500, 514, 126 S.Ct. 1235, 163 L.Ed. 1097
(2006); see also Ashcroft v. Iqbal, 556 U.S. 662, 671, 129 S.Ct. 1937, 173 L.Ed.
868 (2009) (“Subject-matter jurisdiction cannot be forfeited or waived and
should be considered when fairly in doubt.”).
Accordingly, the Clerk is respectfully DIRECTED TO SCHEDULE a
status conference and a hearing on the Motion for Extension. The parties are
advised that during those proceedings they should be prepared to discuss the
issues referenced above and whether the Court may exercise federal subject
matter jurisdiction over this case.
The Motion for Extension (Doc. 2) is HELD IN ABEYANCE. Montreat is
not required to file an answer or otherwise respond to Plaintiff’s claims
pending further order of the Court.
It is so ordered.
Signed: October 18, 2023
Case 1:23-cv-00284-MR-WCM Document 3 Filed 10/19/23 Page 2 of 2