Chhao et al v. Wilson et al

Filing 13

ORDER denying 7 Motion to Remand by Judge Benjamin H Settle.(TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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4 SUON CHHAO, et al.,
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ORDER DENYING MOTION TO
REMAND

v.

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CASE NO. C13-5613 BHS

Plaintiffs,

UNITED STATES OF AMERICA, et al.,
Defendants.

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This matter comes before the Court on Plaintiff’s motion to remand (Dkt. 7).

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On July 24, 2013, Defendant Phyllis Wilson (“Wilson”) removed the matter to this

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court. Dkt. 1. On August 14, 2013, Plaintiffs filed the instant motion to remand because,
in part, no federal issues were involved in this matter. Dkt. 7. On September 13, 2013,
Wilson filed a notice that the Assistant United States Attorney has certified that Wilson
was acting within the scope of her employment when the relevant incidents occurred and
the United States shall be substituted as Defendant. Dkt. 12. Therefore, the Court
DENIES Plaintiffs’ motion because federal issues are now present in this matter.
IT IS SO ORDERED.

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Dated this 26th day of September, 2013.

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A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER