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)

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
[e-mail]
[e-mail]
Attorneys for Defendants