Cutler v. Robert Clark Flooring LLC et al

Filing 10

ORDER that Plaintiff Richard Cutler's 8 Motion to Remand to State Court is Denied without prejudice to filing the motion with the United States District Court for the Eastern District of Virginia in case number 1:17-cv-02809. Signed by Judge Andrew P. Gordon on 8/4/2017. (Copies have been distributed pursuant to the NEF - SLD)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 RICHARD CUTLER, 5 6 7 8 Case No. 2:17-cv-01934-APG-PAL Plaintiff, v. ROBERT CLARK FLOOR LLC, et al., ORDER DENYING WITHOUT PREJUDICE MOTION TO REMAND (ECF No. 8) Defendants. 9 10 Plaintiff Richard Cutler filed a motion to remand to state court. ECF No. 8. However, I 11 lack jurisdiction to rule on the motion because this case has been transferred to the United States 12 District Court for the Eastern District of Virginia. ECF Nos. 5, 6, 7. I therefore deny the motion 13 in this court, without prejudice to it being filed in the Eastern District of Virginia. 14 Additionally, Cutler filed an opposition to transfer this case to the multidistrict litigation 15 pending in the Eastern District of Virginia. ECF No. 9. Pursuant to Rule 7.1(c) of the Rules of 16 Procedure of the United States Judicial Panel on Multidistrict Litigation, that opposition must be 17 filed with the Clerk of the Panel on Multidistrict Litigation, not with this court. I therefore will 18 not act on that opposition. 19 IT IS THEREFORE ORDERED that plaintiff Richard Cutler’s motion to remand (ECF 20 No. 8) is DENIED without prejudice to filing the motion with the United States District Court for 21 the Eastern District of Virginia in case number 1:17-cv-02809. 22 IT IS FURTHER ORDERED that I will not address plaintiff Richard Cutler’s opposition 23 to the transfer of this action because that opposition must be filed with the Clerk of the Panel on 24 Multidistrict Litigation. 25 DATED this 4th day of August, 2017. 26 27 28 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

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