Simmons v. Lindell et al

Filing 14

ORDER re: 11 Uncontested Motion to Remand. This case is remanded to the District Court of Larimer County, Colorado, where it was filed as Case No. 2013-CV-30454. By Judge Philip A. Brimmer on 5/17/13.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 13-cv-01176-PAB
LEE M. SIMMONS,
Plaintiff,
v.
JAMES W. LINDELL, individually, and
LINDELL REAL ESTATE, LLC, a Colorado limited liability company,
Defendants.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter comes before the Court on plaintiff’s Uncontested Motion to Remand
[Docket No. 11]. It is undisputed that defendant James W. Lindell is a citizen of the
State of Colorado, see Docket No. 1 at 3, ¶ 8, and thus removal to this Court on the
basis of diversity jurisdiction was improper. See 28 U.S.C. § 1441(b)(2). Plaintiff
requests that this matter be remanded to state court and certifies that defendants do
not object. Accordingly, it is
ORDERED that this case is REMANDED to the District Court of Larimer County,
Colorado, where it was filed as Case No. 2013-CV-30454.

DATED May 17, 2013.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge