Mills v. Bankers Life and Casualty Company

Filing 9

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/11/2014 DENYING 8 Plaintiff's Motion to Remand; and the 12/2/2014 Order is CONFIRMED. 7 (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAMBERT MILLS,

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Plaintiff,

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No. 2:14-cv-2322 MCE CKD PS

v.

ORDER

BANKERS LIFE AND CASUALTY
COMPANY,
Defendant.

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Plaintiff has filed a document in which he asserts removal of this action was not in his best

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interests. Removal of this action was proper under diversity jurisdiction. 28 U.S.C. §§ 1441,

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1332. Plaintiff’s motion to remand will therefore be denied.
Plaintiff also contends that he did not receive a copy of defendant’s motion to dismiss.

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The proof of service for the motion to dismiss indicates that plaintiff was properly served at his

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address of record. Plaintiff is advised that he may review the motion to dismiss at the public

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terminals in the Clerk’s office. The December 2, 2014 order directing plaintiff to file opposition

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and continuing the hearing date shall remain in effect.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to remand (ECF No. 8) is denied; and

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2. The December 2, 2014 order is confirmed.

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Dated: December 11, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 mills.rem

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