Crandall et al v. Sarpy, County of et al

Filing 54

MEMORANDUM AND ORDER granting 49 Sarpy County's Motion to Strike. The clerk shall strike Sarpy County's notice of removal 46 , from the docket of this case. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA D A V E A. CRANDALL, et.al., ) ) ) ) ) ) ) ) ) ) )

8 :1 0 C V 9 7

P l a i n t if f s , v. C O U N T Y OF SARPY, et.al,

M E M O R A N D U M AND ORDER

Defendants.

O n April 1, 2010, defendant Sarpy County filed a notice of removal which purportedly re m o v e d the state court civil action entitled "Dolly Beulah Mildred Crandall, Dave A. C ra n d a ll, and Gary David Crandall, Petitioners v. County of Sarpy, Respondent," District C ourt of Sarpy County, Nebraska, Case No. CI06-307, into the above-captioned case. (Filing N o . 46). Explaining the removal notice was incorrectly filed in this action, and

a c k n o w le d g in g the filing of such a notice fails to conform with the applicable law and rules o f this court, Sarpy County has moved to strike the notice of removal. (Filing No. 49). The c o u rt finds defendant Sarpy County's motion should be granted.

Accordingly,

IT IS ORDERED that Sarpy County's motion to strike, (filing no. 49), is granted. The C le rk shall strike Sarpy County's notice of removal, (filing no. 46), from the docket of this case.

April 5, 2010.

B Y THE COURT: s/ Cheryl R. Zwart United States Magistrate Judge