Trac Charitable Remainder Trust v. MicroSeismic, Inc. et al

Filing 11

ORDER of Remand re: 7 : this civil action is remanded to the District Court, Boulder County, Colorado, by Judge Richard P. Matsch on 9/11/2012. (rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 12-cv-02366-RPM
TRAC CHARITABLE REMAINDER TRUST,
Plaintiff,
v.
MICROSEISMIC, INC. and
PETER M. DUNCAN, PH.D.,
Defendants.
____________________________________________________________________________
ORDER OF REMAND
____________________________________________________________________________
Pursuant to the conference held today and the plaintiff’s motion for remand and
supporting brief filed yesterday [7] and the exhibits filed in support of the motion to remand, it is
apparent that the notice of removal filed in this court on September 5, 2012, [1] is untimely. One
of the removing defendants, Microseismic, previously filed an action in the United States District
Court for the Southern District of Texas, Houston Division, against Trac Charitable Remainder
Trust and Charles B. Archambeau, based on allegations of diversity of citizenship. In that
action the defendant Trac Charitable Remainder Trust filed a disclosure of interested parties on
February 15, 2012, (Exhibit H), identifying the trustee of the trust, the income beneficiary and
the contingent beneficiary. This action was first filed in the District Court of Boulder County,
Colorado, on May 25, 2012, and the defendants filed a notice of removal based on diversity of
citizenship on July 11, 2012, and on July 27, 2012, Judge Kreiger, sua sponte, entered an order
of remand for the failure of the defendants to plead the citizenship of the trust. The defendants

claim that they first obtained information regarding the identities of the beneficiaries and
trustees upon receipt of a letter from plaintiff’s counsel on August 7, 2012. That is directly
contradicted by the pleadings in the case filed in Texas which has now been dismissed for lack
of in personam jurisdiction of the defendants there. Because it is clear that the defendants had
adequate information more than thirty days before the filing of this second notice of removal, it is
ORDERED that this civil action is remanded to the District Court, Boulder County,
Colorado.
DATED: September 11, 2012
BY THE COURT:
s/Richard P. Matsch
________________________________
Richard P. Matsch, Senior District Judge

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