Ransom v. Hartford Insurance Company Of The Midwest

Filing 17

ORDER granting 11 Motion to Remand to State Court. 10/30/2017 hearing is Vacated as moot. Signed by Judge Jennifer A. Dorsey on 10/10/2017. (Copies have been distributed pursuant to the NEF, cc: State Court with Certified Docket - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Kyle Thomas Ransom,

2:17-cv-02257-JAD-GWF

Plaintiff

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Order Remanding Case to State Court

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v.

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[ECF No. 11]

Hartford Insurance Co. of the Midwest,

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Defendant

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On September 19, 2017, plaintiff Kyle Thomas Ransom moved to remand this insurance-

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coverage dispute back to state court because the case value does not meet the $75,000

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jurisdictional threshold.1 Hartford Insurance’s deadline to oppose the motion to remand was

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October 3, 2017; it filed no opposition and has not sought to extend the deadline to do so. Local

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Rule 7-2(d) states that “The failure of a moving party to file points and authorities in response to

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any motion . . . constitutes a consent to the granting of the motion.” And the defendant always

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has the burden of establishing that removal is proper.2 I construe Hartford’s failure to oppose the

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motion to remand as its acknowledgment that jurisdiction is lacking, and I GRANT the Motion to

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Remand.

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Accordingly, IT IS HEREBY ORDERED that the Motion to Remand [ECF No. 11] is

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GRANTED. This case is remanded back to the Eighth Judicial District Court for Clark County,

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Nevada, Case No. A-17-758064-C, Dept. 26. The Clerk of Court is directed to VACATE as

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moot the 10/30/17 hearing in this case.

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DATED: October 10, 2017.

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_______________________________
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U.S. District Judge Jennifer A Dorsey
ict Judge Jennifer A.
t udg
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n e

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ECF No. 11.

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Gaus v. Miles, 980 F.2d 564, 566 (9th Cir. 1992).