Neidigh v. Slaugh

Filing 7

ORDER signed by District Judge Morrison C. England, Jr. on 11/1/2016 GRANTING 4 Motion to Remand. The Clerk of the Court is directed to REMAND this case to the originating state court, the Superior Court of California, County of El Dorado, for final adjudication and to close this case. Copy of remand order sent to other court. CASE CLOSED. (Butolph, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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No. 2:16-cv-01664-MCE-GGH

MARIANNE NEIDIGH,
Plaintiff

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v.

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ROXANNE LORAINE SLAUGH AND
DOES 1 THROUGH 10, INCLUSIVE,

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ORDER

Defendants.

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Presently before the Court is Defendant ROXANNE SLAUGH’s timely motion to

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remand the above case to the California Superior Court for the County of El Dorado,

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based on a defect in her initial removal procedure. Defendant originally removed the

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case under 28 USC § 1332 based on diversity of citizenship between the parties (ECF

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No. 1). As Defendant explains in her unopposed motion, however, because Defendant

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is a citizen of California, such removal was improper under 28 USC § 1441(b)(2) (more

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commonly known as the “forum defendant rule”).

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Order

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Good cause having been shown, the Court hereby GRANTS Defendant’s motion

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(ECF No. 4). The Clerk of the Court is directed to remand this case to the originating

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state court, the Superior Court of California, County of El Dorado, for final adjudication

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and to close this case.

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IT IS SO ORDERED.
Dated: November 1, 2016

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Order

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