Ransom v. Hartford Insurance Company Of The Midwest
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Kyle Thomas Ransom,
Order Remanding Case to State Court
[ECF No. 11]
Hartford Insurance Co. of the Midwest,
On September 19, 2017, plaintiff Kyle Thomas Ransom moved to remand this insurance-
coverage dispute back to state court because the case value does not meet the $75,000
jurisdictional threshold.1 Hartford Insurance’s deadline to oppose the motion to remand was
October 3, 2017; it filed no opposition and has not sought to extend the deadline to do so. Local
Rule 7-2(d) states that “The failure of a moving party to file points and authorities in response to
any motion . . . constitutes a consent to the granting of the motion.” And the defendant always
has the burden of establishing that removal is proper.2 I construe Hartford’s failure to oppose the
motion to remand as its acknowledgment that jurisdiction is lacking, and I GRANT the Motion to
Accordingly, IT IS HEREBY ORDERED that the Motion to Remand [ECF No. 11] is
GRANTED. This case is remanded back to the Eighth Judicial District Court for Clark County,
Nevada, Case No. A-17-758064-C, Dept. 26. The Clerk of Court is directed to VACATE as
moot the 10/30/17 hearing in this case.
DATED: October 10, 2017.
U.S. District Judge Jennifer A Dorsey
ict Judge Jennifer A.
ECF No. 11.
Gaus v. Miles, 980 F.2d 564, 566 (9th Cir. 1992).
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?