Campuzano, v. American Standard Insurance Company of Wisconsin

Filing 23

ORDER. Order granting 21 Motion to Remand to State Court. This case shall be REMANDED to the District Court, Denver County, Colorado by Chief Judge Wiley Y. Daniel on 12/06/12.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Wiley Y. Daniel
Civil Action No. 12-cv-02830-WYD-MJW
JOSHUA CAMPUZANO,
Plaintiff,
v.
AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN,
Defendant.

ORDER

THIS MATTER is before the Court on the Stipulated Motion for Remand to State
Court filed December 6, 2012. The motion states that Plaintiff has voluntarily elected to
dismiss the second claim for relief and that the parties have agreed that the case should
be remanded to state court for resolution.
I note in reviewing the motion that the second claim for relief for unreasonable
denial of payment of insurance benefits asserted in the original Complaint was deleted
from the Amended Complaint accepted for filing on December 5, 2012. Thus, there is
no need for the Court to dismiss this claim. I further note that a remand of the case is
appropriate pursuant to 28 U.S.C. § 1447(c) as the only claim asserted is a state law
claim for breach of an insurance contract. Accordingly, it is
ORDERED that the Stipulated Motion for Remand to State Court is GRANTED.
This case shall be REMANDED to the District Court, Denver County, Colorado.

Dated: December 6, 2012
BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Chief United States District Judge