EnCana Oil & Gas (USA) INC. v. Hyland Enterprises, Inc. et al

Filing 21

ORDER of Remand. Granting 11 Plaintiff's Motion to Remand. Case is remanded to District Court for the County of Denver. Plaintiff may file a separate motion for attorneys' fees, by Judge Walker D. Miller on 8/25/09.(gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO SENIOR JUDGE WALKER D. MILLER Civil Action No. 09-cv-01692-WDM-KMT ENCANA OIL & GAS (USA) INC., Plaintiff, v. HYLAND ENTERPRISES, INC., and COMPLETE PRODUCTION SERVICES, INC., f/k/a COMPLETE ENERGY SERVICES COMPANIES, Defendants. ORDER OF REMAND Miller, J. This case is before me on the Motion to Remand (doc no 11) filed by Plaintiff and the Withdrawal of Notice of Removal (doc no 20) filed by Defendant Hyland Enterprises, Inc. ("Hyland"). Hyland removed this case to this Court on July 16, 2009 on the basis of diversity jurisdiction. Plaintiff has moved to remand on the basis of a contractual forum selection clause and the inadequacy of Hyland's showing regarding diversity jurisdiction. Hyland apparently does not contest the motion but rather joins in the request that I enter an order remanding this action to the state court. Accordingly, it is ordered: 1. 2. Plaintiff's Motion to Remand (doc no 11) is granted. This case shall be remanded to the District Court for the County of

Denver, Colorado. 3. Plaintiff may file a separate motion for attorneys' fees pursuant to statute, the local rules of this Court, and my Pretrial and Trial Procedures. DATED at Denver, Colorado, on August 25, 2009. BY THE COURT:

s/ Walker D. Miller United States Senior District Judge

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