Oaster v. Robertson

Filing 43

MINUTE ORDER; re: 42 Joint Consent of Parties to Remand of Case to El Paso County Colorado District Court. IT IS HEREBY ORDERED that this action is REMANDED to the District Court for El Paso County, Colorado, by Magistrate Judge Kristen L. Mix on 4/18/16.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00871-KLM
BRADLEY D. OASTER,
Plaintiff,
v.
STANLEY ROBERTSON,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the parties’ Joint Consent of Parties to Remand
of Case to El Paso County Colorado District Court [#42] (“Stipulation”). On March 28,
2016, the Court granted in part and denied in part Defendant’s Motion to Dismiss [#18], and
entered judgment1 on behalf of Defendant on several, but not all, of Plaintiff’s claims. See
Order [#41]. Because it appeared that the Order removed the basis for subject matter
jurisdiction, the Court ordered the parties to show cause in writing as to why this action
should not be dismissed for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) on
or before April 15, 2016. Id. at 44.
In lieu of arguing a basis for subject matter jurisdiction, the parties filed the present
Stipulation requesting that the action be remanded to El Paso County Colorado District
Court. Stipulation [#42]. Accordingly,
IT IS HEREBY ORDERED that this action is REMANDED to the District Court for
El Paso County, Colorado.

Dated: April 18, 2016

1

The Motion to Dismiss was converted to a Rule 56 motion for summary judgment on
October 9, 2015. Minute Order [#30].