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)

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 § 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: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant Camp Fire USA
and
/s/ David Dotson_
David L. Dotson, Esq.
P.O. Box 115
Socorro, NM 87801
Tel: [phone]
[e-mail]
Attorneys for Plaintiff

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