Hamann v. Hamilton & Spear Painting et al

Filing 36

ORDER ON MOTION TO SEVER AND REMAND granting 9 Motion to Sever and Remand. All claims against said Idaho State Defendants are hereby severed from the other claims in this litigation and the claims against the Idaho State Defendants are hereby REMAN DED to the Fourth Judicial District of the State of Idaho, Ada County, for further disposition. The remaining claims against all other defendants shall remain pending in this Court. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

UNITED STATES DISTRICT COURT
DISTRICT OF IDAHO

JAY HAMANN, an individual
Plaintiffs,
vs.
HAMILTON & SPEAR PAINTING,
an Idaho company, NORTHCON,
INC., an Idaho company, WALL 2
WALL FLOORCOVERING, an
Idaho company, STATE OF IDAHO
MILITARY DIVISION; IDAHO
ARMY NATIONAL GUARD;
GOWEN FIELD FIRE AND CRASH
RESCUE; WILLIAM
MATTRAVERS; and DOES I-X,
unknown parties.

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) Case No. 1:13-cv-00132-BLW
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) ORDER ON MOTION TO SEVER AND
) REMAND
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Defendants.
______________________________
Defendants State of Idaho Military Division, Idaho Army National Guard, and
Gowen Field Fire and Crash Rescue (“Idaho State Defendants”) having filed a Motion to
Sever and Remand (Dkt. 9) seeking to have the claims against the Idaho State Defendants
severed from the other claims in this case and remanding the claims made against the
Idaho State Defendants back to Fourth Judicial Court, State of Idaho, Ada County, and
the other parties to this litigation having filed memorandums indicating that they do not

ORDER ON MOTION TO SEVER AND REMAND - P. 1

oppose said motion based on the provisions of the 11th Amendment of the United States
Constitution (Dkts. 19, 21, 23, 30 and 32), and the Court finding good cause therefore;
IT IS HEREBY ORDERED that the Motion to Sever and Remand (Dkt. 9) filed
by the State of Idaho Military Division, Idaho Army National Guard, and Gowen Field
Fire and Crash Rescue, is hereby GRANTED. All claims against said Idaho State
Defendants are hereby severed from the other claims in this litigation and the claims
against the Idaho State Defendants are hereby REMANDED to the Fourth Judicial
District of the State of Idaho, Ada County, for further disposition. The remaining claims
against all other defendants shall remain pending in this Court.
IT IS FURTHER ORDERED that the Clerk of the Court shall take appropriate
actions to remand all claims against the Idaho State Defendants to the Fourth Judicial
District of the State of Idaho, Ada County.

DATED: May 21, 2013

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B. Lynn Winmill
Chief Judge
United States District Court

ORDER ON MOTION TO SEVER AND REMAND - P. 2