Emmert et al v. OPM Enterprises, Inc. et al

Filing 11

ORDER to Remand. Re: 10 Plaintiffs' Sitpulated Motion to Remand. Matter is remanded to the Douglas County District Court, by Chief Judge Wiley Y. Daniel on 8/25/09.(gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 09-cv-01747-WYD-BNB STU EMMERT, an individual; and PATRICIA EMMERT, an individual, Plaintiffs, v. OPM ENTERPRISES, INC., d/b/a PRIDE WORLDWIDE MOVING & STORAGE, a Colorado corporation; and BEKINS VAN LINES, LLC, a Delaware limited liability company, Defendants. ORDER TO REMAND THIS MATTER is before the Court on Plaintiffs' Stipulated Motion to Remand, filed August 24, 2009 [#10]. Defendant Bekins Van Lines, LLC filed a Notice of Removal in this case on July 23, 2009 [#1], asserting that removal was proper pursuant to 28 U.S.C. §§ 1441 and 1446. In addition, Defendant Bekins represented that upon information and belief, none of the other Defendants had been served as of the time the Notice of Removal was filed. In the Unopposed Motion to Remand, Plaintiffs states that Defendant Bekins was served on June 23, 2009, and Defendant Pride Worldwide Moving & Storage was served on June 26, 2009, and that "[b]oth Returns of Service were filed with the Court." Presumably, Plaintiffs are referring to the Douglas County District Court, because no returns of service are part of the record in this case. In any

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event, 28 U.S.C. § 1446(b) requires that all served defendants join or consent to the removal petition within thirty days of service, commencing when the first defendant is served. It now appears that Defendant Pride was served on June 26, 2009, and has not joined or consented to the Notice of Removal filed July 23, 2009. In addition, Plaintiff states that Defendant Bekins does not object to remand. In consideration of the foregoing, it appears that remand is proper. Accordingly, it is ORDERED that this matter be REMANDED to the Douglas County District Court. Dated: August 25, 2009 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge

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