Gold Medal Ranch, LLC v. Byers Peak Downhill Properties, LLC et al

Filing 30

ORDER granting 25 Motion to Remand. FURTHER ORDERED that, due to the "forum defendant rule" under 28 U.S.C. § 1441(b)(2), pursuant to 28 U.S.C. § 1447(c) this case is REMANDED to the District Court, Grand County, Colorado, where it was originally filed as Civil Action No. 2014CV30133; and it is FURTHER ORDERED that, pursuant to 28 U.S.C. § 1447(c), Plaintiff is awarded $1,000.00 in attorney's fees. By Judge Raymond P. Moore on 3/6/2015.(tscha, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 15-cv-00293-RM-KLM
GOLD MEDAL RANCH, LLC, a Colorado limited liability company,
Plaintiff,
v.
BYERS PEAK DOWNHILL PROPERTIES, LLC, a Colorado limited liability company;
BYERS PEAK PROPERTIES, LLC, a Colorado limited liability company;
C. CLARK LIPSCOMB; and
MEREDITH C. LIPSCOMB
Defendants,
and
BYERS PEAK DOWNHILL PROPERTIES, LLC;
BYERS PEAK PROPERTIES, LLC; and
C. CLARK LIPSCOMB,
Counterclaim and Third Party Plaintiffs,
v.
GOLD MEDAL RANCH, LLC; and
NORMAN A. CARPENTER,
Counterclaim and Third Party Defendants,
______________________________________________________________________________
ORDER GRANTING MOTION TO REMAND
______________________________________________________________________________
THIS MATTER is before the Court on Plaintiff’s Motion to Remand (ECF No. 25).
Upon consideration of the Motion and other relevant portions of the Court file, the applicable
law, and the parties’ arguments at the hearing held on March 6, 2015, the Court finds that this
case should be remanded to the state court based on the “forum defendant rule,” 28 U.S.C.

§ 1441(b)(2). The Court also finds there was no intent to violate the “forum defendant rule,” but
nonetheless finds an award of some fees is appropriate. It is therefore
ORDERED that Plaintiff’s Motion to Remand (ECF No. 25) is GRANTED as stated
herein; it is
FURTHER ORDERED that, due to the “forum defendant rule” under 28 U.S.C.
§ 1441(b)(2), pursuant to 28 U.S.C. § 1447(c) this case is REMANDED to the District Court, Grand
County, Colorado, where it was originally filed as Civil Action No. 2014CV30133; and it is
FURTHER ORDERED that, pursuant to 28 U.S.C. § 1447(c), Plaintiff is awarded
$1,000.00 in attorney’s fees.

DATED this 6th day of March, 2015.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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