Martinez v. Wild Cherry Trucking, Inc. et al

Filing 14

ORDER - Plaintiff's Motion to Remand (ECF No. 11 ) is granted. This case shall be REMANDED to the Eighth Judicial District Court, Clark County, State of Nevada. Clerk shall close this case. Signed by Judge Robert C. Jones on 9/20/2020. (Certified copies of this Order and the Public Docket Sheet mailed to the 8th Judicial District Court on 9/22/2020) (Copies have been distributed pursuant to the NEF - AB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ADRIANA MARTINEZ,

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Plaintiff,

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vs.

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WILD CHERRY TRUCKING, INC., et al.,

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Case No. 3:20-CV-00394-RCJ-CLB

Defendants.

ORDER

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Plaintiff filed this suit in Nevada state court, and Defendants Wild Cherry Trucking and

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James Dunnington subsequently filed a notice of removal. (ECF No. 1.) Plaintiff then moved for

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remand arguing, among other things, that Defendants did not have unanimous consent to removal.

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(ECF No. 11.) Removing Defendants filed a notice of non-opposition to Plaintiff’s motion,

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explaining that they had believed consent was unanimous due to a prior experience with Defendant

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Carry-On Trailer’s former counsel, but did not realize that Defendant Carry-On Trailer had hired

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new counsel. (ECF No. 12.) Defendant Carry-On Trailer filed a joinder to Plaintiff’s motion to

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remand. (ECF No. 13.)

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Under 28 U.S.C. § 1441(a), removal is available where a “civil action [is] brought in a

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State court of which the district courts of the United States have original jurisdiction.” Under 28

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U.S.C. § 1446(b)(2)(A), any “civil action . . . removed solely under section 1441(a)[] [requires] all

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defendants who have been properly joined and served . . . join in or consent to the removal of the

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action.” Removing Defendants concede that there is not unanimous consent to the removal. This

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Court therefore grants Plaintiff’s motion.
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CONCLUSION

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Remand (ECF No. 11) is
GRANTED.
IT IS FURTHER ORDERED that this case shall be REMANDED to the Eighth Judicial
District Court, Clark County, State of Nevada.

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IT IS FURTHER ORDERED that the clerk of court shall close this case.

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IT IS SO ORDERED.

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Dated September 20, 2020.

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_____________________________________
ROBERT C. JONES
United States District Judge

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