Stewart et al v. Henderson Fire Department et al

Filing 19

ORDER that 12 Motion to Remand to State Court is GRANTED. Signed by Judge Jennifer A. Dorsey on 1/4/2018.(Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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4 Christopher Stewart, deceased; Melinda VereenMcDuffie, Appointed Special Administrator of
5 the Estate of Christopher Stewart; Maria
Stewart; Alexander Viray; Christina Marie
6 Smith; Christopher James Stewart,

Case No.: 2:17-cv-02876-JAD-NJK

Order Granting Motion to Remand
[ECF No. 12]

Plaintiffs

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8 v.

9 City of Henderson; Gregory Truax, D.O., and
Djordje V. Hristic, M.D.,
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Defendants
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Defendant Djordje Hristic, M.D. moves to remand this case back to Nevada State Court,

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14 arguing primarily that the failure to obtain unanimous consent of all served defendants renders
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15 the removal defective under 28 U.S.C. § 1446. No party has opposed the motion. Indeed, co-

16 defendant City of Henderson acknowledges that its removal without Hristic’s agreement justifies
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17 remand, and the plaintiffs have also indicated their non-opposition to the remand request.

Accordingly, with good cause appearing and no opposition, IT IS HEREBY ORDERED

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19 that the Motion to Remand [ECF No. 12] is GRANTED. This case is remanded back to the
20 Eighth Judicial District Court for Clark County, Nevada, Case No. A-17-762544-C, Department
21 26. The Clerk of Court is directed to CLOSE THIS CASE.
Dated this 4th day of January, 2018.

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________________________________
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U.S. District Judge Jennifer A Dorsey
Judge
ict Judg Jennifer A.
n er
er

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ECF No. 12.

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ECF Nos. 17, 18.