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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Kyle Thomas Ransom, 2:17-cv-02257-JAD-GWF Plaintiff 4 Order Remanding Case to State Court 5 v. 6 [ECF No. 11] Hartford Insurance Co. of the Midwest, 7 Defendant 8 9 10 On September 19, 2017, plaintiff Kyle Thomas Ransom moved to remand this insurance- 11 coverage dispute back to state court because the case value does not meet the $75,000 12 jurisdictional threshold.1 Hartford Insurance’s deadline to oppose the motion to remand was 13 October 3, 2017; it filed no opposition and has not sought to extend the deadline to do so. Local 14 Rule 7-2(d) states that “The failure of a moving party to file points and authorities in response to 15 any motion . . . constitutes a consent to the granting of the motion.” And the defendant always 16 has the burden of establishing that removal is proper.2 I construe Hartford’s failure to oppose the 17 motion to remand as its acknowledgment that jurisdiction is lacking, and I GRANT the Motion to 18 Remand. 19 Accordingly, IT IS HEREBY ORDERED that the Motion to Remand [ECF No. 11] is 20 GRANTED. This case is remanded back to the Eighth Judicial District Court for Clark County, 21 Nevada, Case No. A-17-758064-C, Dept. 26. The Clerk of Court is directed to VACATE as 22 moot the 10/30/17 hearing in this case. 23 DATED: October 10, 2017. 24 _______________________________ ____________ ___ _ ________ ____ ___ U.S. District Judge Jennifer A Dorsey ict Judge Jennifer A. t udg ni n e 25 26 27 28 1 ECF No. 11. 2 Gaus v. Miles, 980 F.2d 564, 566 (9th Cir. 1992).

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