Rosado v. Albuquerque Public Schools et al

Filing 34

ORDER by District Judge Kenneth J. Gonzales granting 33 Joint Motion to Remand to State Court. (tah)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO CHRISTINA ROSADO on behalf of her minor daughter, L.M., Plaintiff, vs. Cause No. 1:17-cv-01007-KG/KBM ALBUQUERQUE PUBLIC SCHOOLS and CAMP FIRE USA NEW MEXICO COUNCIL, and BRITTANY CAMPOS, and DEBORAH DOWLER, Defendants. ORDER REMANDING CASE TO STATE COURT THIS MATTER having come before the Court on the Joint Motion to Remand to the State Court filed by the Plaintiff and Defendant; Plaintiff and Defendant having stipulated that pursuant to 28 ยง 1441(b)(2) the case was not properly removed; the Court having reviewed the pleadings and being otherwise fully advised in the premises: FINDS, that the Court lacks jurisdiction over the subject matter and the parties herein; that just cause exists for the granting of the Joint Motion to Remand to State Court; and, therefore, the Motion is granted. IT IS THEREFORE ADJUDGED AND DECREED that the above-captioned matter is hereby remanded to the Second Judicial District Court, County of Bernalillo for continued litigation and trial. _________________________________ UNITED STATES DISTRICT JUDGE APPROVED: BUTT THORNTON & BAEHR PC /s/ Phillip W. Cheves Phillip W. Cheves Charles B. Kraft P.O. Box 3170 Albuquerque, NM 87190 Tel: (505) 884-0777 Attorneys for Defendant Camp Fire USA and /s/ David Dotson_ David L. Dotson, Esq. P.O. Box 115 Socorro, NM 87801 Tel: (575) 838-3978 Attorneys for Plaintiff 2

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