Bradford v Kadlec Regional Medical Center et al

Filing 8

ORDER GRANTING 5 UNOPPOSED MOTION FOR REMAND TO STATE COURT. Case remanded to Benton County Superior Court. FILE CLOSED Signed by Judge Salvador Mendoza, Jr. (AN, Courtroom Deputy) Modified on 6/6/2019: addition of file closed to docket text. (AN, Courtroom Deputy).

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Jun 06, 2019
SEAN F. MCAVOY, CLERK

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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STEPHEN BRADFORD, on behalf of
himself and all others similarly
situated,

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Plaintiff,

No. 4:19-cv-05076-SMJ
ORDER GRANTING UNOPPOSED
MOTION FOR REMAND TO
STATE COURT

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v.
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KADLEC REGIONAL MEDICAL
CENTER, a Washington corporation;
and DOES 1 through 25, inclusive,

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Defendants.
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Before the Court, without oral argument, is Plaintiff Stephen Bradford’s

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Motion to Remand to Superior Court, ECF No. 5. Plaintiff seeks to remand this case

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back to the Benton County Superior Court, case number 19-2-00648-03, after it was

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previously removed to this Court. Id. at 1. Plaintiff argues remand is required under

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the Class Action Fairness Act of 2005’s mandatory abstention clauses, 28 U.S.C.

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§ 1332(d)(4)(A) and (B), including both the local controversy exception and the

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home-state controversy exception. Id. at 2–4. Defendant Kadlec Regional Medical

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Center does not oppose the motion. ECF No. 7 at 2. Having reviewed the pleadings

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and the file in this matter, the Court is fully informed and grants the motion.

ORDER GRANTING UNOPPOSED MOTION FOR REMAND TO STATE
COURT - 1

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Accordingly, IT IS HEREBY ORDERED:

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1.

GRANTED.

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2.

This case is REMANDED to the Benton County Superior Court,
case number 19-2-00648-03.

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Plaintiff’s Motion to Remand to Superior Court, ECF No. 5, is

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All parties shall bear their own costs and attorneys’ fees, unless a
subsequent court rules otherwise.

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4.

All pending motions are DENIED AS MOOT.

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5.

All hearings and other deadlines are STRICKEN.

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6.

The Clerk’s Office is directed to CLOSE this file.

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IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and

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provide copies to all counsel.
DATED this 6th day of June 2019.

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SALVADOR MENDOZA, JR.
United States District Judge

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ORDER GRANTING UNOPPOSED MOTION FOR REMAND TO STATE
COURT - 2