Kuzava v. Community Television of Colorado, LLC

Filing 15

ORDER granting 10 Plaintiffs' Motion to Remand. Case remanded to District Court for the City and County of Denver. Each party to pay their own costs and attorney's fees, by Judge Walker D. Miller on 8/11/09.(gms, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Walker D. Miller Civil Action No. 09-cv-01450-WDM-KMT TIMOTHY W. KUZAVA, Plaintiff, v. COMMUNITY TELEVISION OF COLORADO, LLC, a Delaware Limited Liability Company, Defendant. ORDER OF REMAND Miller, J. This case is before me on Plaintiffs' Motion to Remand (Docket No. 10), filed July 20, 2009. Defendant removed this case to this Court on June 19, 2009 on the basis of diversity jurisdiction. See 28 U.S.C. 1332. Plaintiff moved to remand on July 20, 2009 (Docket No. 10) arguing that Defendant's notice of removal did not adequately demonstrate that the citizenship of each member of the defendant limited liability company was diverse from that of Plaintiff. Defendant has since confessed the motion (Docket No. 14) stating that the process of demonstrating the citizenship of each owner of the defendant limited liability company is too burdensome. Furthermore, Defendant indicates that the parties have conferred and Plaintiff agreed to waive its request for attorney's fees. (See Docket No. 14 4.) Accordingly, it is ordered: 1. 2. Plaintiffs' Motion to Remand (Docket No. 10), filed July 20, 2009, is granted. This case is remanded to the District Court for the City and County of Denver. 3. Each party shall pay their own costs and attorney's fees. DATED at Denver, Colorado, on August 11, 2009. BY THE COURT: s/ Walker D. Miller United States Senior District Judge PDF Final 2

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