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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RICHARD CUTLER,

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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.

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Plaintiff Richard Cutler filed a motion to remand to state court. ECF No. 8. However, I

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lack jurisdiction to rule on the motion because this case has been transferred to the United States

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District Court for the Eastern District of Virginia. ECF Nos. 5, 6, 7. I therefore deny the motion

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in this court, without prejudice to it being filed in the Eastern District of Virginia.

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Additionally, Cutler filed an opposition to transfer this case to the multidistrict litigation

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pending in the Eastern District of Virginia. ECF No. 9. Pursuant to Rule 7.1(c) of the Rules of

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Procedure of the United States Judicial Panel on Multidistrict Litigation, that opposition must be

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filed with the Clerk of the Panel on Multidistrict Litigation, not with this court. I therefore will

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not act on that opposition.

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IT IS THEREFORE ORDERED that plaintiff Richard Cutler’s motion to remand (ECF

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No. 8) is DENIED without prejudice to filing the motion with the United States District Court for

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the Eastern District of Virginia in case number 1:17-cv-02809.

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IT IS FURTHER ORDERED that I will not address plaintiff Richard Cutler’s opposition

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to the transfer of this action because that opposition must be filed with the Clerk of the Panel on

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Multidistrict Litigation.

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DATED this 4th day of August, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE