Green et al v. Post et al

Filing 71

ORDER. Parties to amend caption to remove plaintiffs Stephen Green and Randy Green. Clerk to remand this case to the District Court, County of Pueblo, by Chief Judge Wiley Y. Daniel on 10/5/09. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 07-cv-01522-WYD-MEH BARBARA GREEN, individually and on behalf of all heirs as the surviving spouse of WILLIS C. GREEN, decedent; STEPHANIE GREEN, individually; and RANDY GREEN, individually, Plaintiffs, v. JONATHAN S. POST and PUEBLO COUNTY SHERIFF'S DEPARTMENT, Defendants. ORDER OF REMAND THIS MATTER is before the Court in connection with the Joint Status Report of the parties filed on September 15, 2009, pursuant to my Order of September 4, 2009. The Joint Status Report advises the Court that the only remaining claims after the opinion of the Tenth Circuit Court of Appeals issued August 7, 2009, are state law claims. The Joint Status Report also advises that this case was removed to this Court from state court based on the presence of federal claims, and that the remaining state law claims should now be remanded back to state district court. The parties further request that the caption be amended. I find good cause for the parties' requests in the Joint Status Report. Accordingly, it is ORDERED that the parties may hereafter amend the caption of this case to remove Plaintiffs Stephen Green and Randy Green and to read as follows: Barbara

Green, individually and as Surviving Spouse of Willis Green v. Jonathon S. Post and Pueblo County Sheriff's Department. It is FURTHER ORDERED that the Clerk of Court shall REMAND this case to the District Court, County of Pueblo, State of Colorado. Dated: October 5, 2009 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge

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