Smith et al v. City of Roswell et al

Filing 47

ORDER by District Judge Kenneth J. Gonzales granting 46 Unopposed Motion for Final Order Remanding State Claims Pursuant to 28 U.S.C. § 1367. This case is remanded to the Fifth Judicial District Court, County of Chaves, State of New Mexico. (tah)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO RACHEL SMITH, as next friend and mother of SEBASTION TOWLER, ETHAN TOWLER, and JESSIE TOWLER, and CHARLIE NELMS, as next Friend and mother of NOAH TOWLER-NELMS, and SHERRIE TOWLER, individually and as Personal Representative of the Estate of CODY TOWLER, Plaintiffs, v. Case No. 2:15-CV-01004 KG/KRS CITY OF ROSWELL, a New Mexico Municipality, PHILLIP SMITH, JONATHON KELTON, JORGE ARROYO-JAIME and DYLAN THOMAS, individually And as agents and employees of the City of Roswell, Defendants. FINAL ORDER REMANDING CASE TO STATE COURT THIS MATTER having come before the Court upon the Plaintiffs’ Unopposed Motion to enter Final Order remanding the case back to State Court, the Court having considered the Motion, finds the Motion to be unopposed and to be well taken and should be granted. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the case be and hereby is remanded to the Fifth Judicial District Court, County of Chaves, State of New Mexico. __________________________________ UNITED STATES DISTRICT JUDGE Respectfully Submitted, JOEL T. NEWTON, P.A. By: /s/ Joel T. Newton Joel T. Newton 1020 S. Main St. Las Cruces, NM 88005 575-525-8202 And Kenneth E. Egan 1111 E Lohman Las Cruces, NM 88001 575-523-2222 Attorneys for Plaintiffs Approved as to Form: HINKLE SHANOR LLP Electronic Approval 10/9/17 Richard E. Olson Stephen S. Shanor P.O. Box 10 Roswell, NM 88202-0010 575-622-6510 / 575-623-9332 Fax Attorneys for Defendants

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?