Bates v. McCormick et al

Filing 19

ORDER of Remand to State Court. The Amended Plaintiff's Motion for Abstention and Remand [# 10 ] is GRANTED. The request for a remand as stated in Defendant Robert S. McCormick's Consent and Joinder in Plaintiff's Motion for Abstention and Remand [# 16 ] is GRANTED. After consultation with the magistrate judge, the memorandum [# 11 ] referring to the magistrate judge the Amended Plaintiff's Motion for Abstention and Remand [# 10 ] is WITHDRAWN. This action is REMANDED to the District Court, Adams County, Colorado, (where it was filed as Civil Action No. 2011CV577). By Judge Robert E. Blackburn on 10/25/2013.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-02222-REB-MEH
JAMES E. BATES, individually, and
acting as managing partner of JAMES EDWARDS BATES, LLC, a Colorado limited
liability corporation,
Plaintiffs,
v.
ROBERT STUART MCCORMICK, and
JOSEPH P. FONFARA,
Defendants.
ORDER OF REMAND TO STATE COURT
Blackburn, J.
This matter is before me on the following: (1) Amended Plaintiff’s Motion for
Abstention and Remand [#10]1 filed September 19, 2013; and (2) Defendant Robert S.
McCormick’s Consent and Joinder in Plaintiff’s Motion for Abstention and Remand
[#16] filed October 16, 2013. Defendant Joseph P. Fonfara did not file a response to the
motion to remand. I grant the motion to remand.
In his most recent filing [#16], defendant Robert S. McCormick consents to and
effectively stipulates to the relief sought in the plaintiffs’ motion for remand [#10]. After
careful review of the motion, Mr. McCormick’s consent, and the file, I conclude that the
motion to remand should be granted and this action should be remanded to the District
Court, Adams County, Colorado.

1
“[#10]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management system (CM/ECF). I use this
convention throughout this order.

THEREFORE, IT IS ORDERED as follows:
1. That the Amended Plaintiff’s Motion for Abstention and Remand [#10] filed
September 19, 2013, is GRANTED;
2. That the request for a remand as stated in Defendant Robert S. McCormick’s
Consent and Joinder in Plaintiff’s Motion for Abstention and Remand [#16] filed
October 16, 2013, is GRANTED;
3. That after consultation with the magistrate judge, the memorandum [#11]
referring to the magistrate judge the Amended Plaintiff’s Motion for Abstention and
Remand [#10] filed September 19, 2013, is WITHDRAWN; and
4. That this action is REMANDED to the District Court, Adams County, Colorado,
(where it was filed as Civil Action No. 2011CV577).
Dated October 25, 2013, at Denver, Colorado.
BY THE COURT:

2