Young v. City of Fernley et al

Filing 25

ORDER that Defendants' Motion to Remand ECF No. 5 is granted. This caseis remanded to the Third Judicial District Court in the County of Lyon (a certified copy of this Order and docket sheet has been mailed to Third Judicial District Court Clerk on 06/08/2017). Signed by Judge Miranda M. Du on 06/08/2017. (Copies have been distributed pursuant to the NEF - KW)

1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
DISTRICT OF NEVADA
8
***
9
JULIE YOUNG,

Case No. 3:17-cv-00156-MMD-VPC

10
Plaintiff,
11
12
13
14

ORDER

v.
THE CITY OF FERNLEY, individually,
SCOTT HUNTLEY, NORTH LYON
COUNTY FIRE DISTRICT, individually,
WILLIAM SHATTUCK, CITY PLANNING
COMMISSIONER, and Mortgage Broker at
Community Home Mortgage, individually,

15
Defendants.
16
17

Before the Court is Defendants North Lyon County Fire Protection District and

18

Scott Huntley’s (collectively referred to as “NLCFPD”) Motion to Remand (“Motion”). (ECF

19

No. 5.)

20

The complaint was filed in the Third Judicial District Court in the County of Lyon

21

on February 14, 2017. (ECF No. 1 at 6.) Defendant the City of Fernley (“Fernley”) was

22

served on February 21, 2017, and timely filed the petition for removal on March 13, 2017,

23

pursuant to 28 U.S.C. § 1331. (ECF No. 1 at 2.)

24

NLCFPD seeks to remand under 28 U.S.C. § 1447, arguing that the removal was

25

defective because they were served at the time of removal and did not join in or consent

26

to removal. Under 28 U.S.C. § 1441, defendants may remove a civil action brought in

27

state court to federal court if the federal district courts have original jurisdiction. However,

28

“when a civil action is removed solely under section 1441(a), all defendants who have

1

been properly joined and served must join in or consent to the removal of the action.” 28

2

U.S.C. § 1446(a)(2)(A).

3

While Fernley filed the petition for removal, Fernley does not oppose remand. (ECF

4

No. 8.) Plaintiff did not file a response to the Motion. Accordingly, the unopposed motion

5

to remand will be granted. See LR 7-2(d).

6
7
8

It is ordered that Defendants’ Motion to Remand (ECF No. 5) is granted. This case
is remanded to the Third Judicial District Court in the County of Lyon
DATED THIS 8th day of June 2017.

9
10
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2