Harchelroad Motors, Inc. v. Universal Underwriters Insurance Company et al
| Harchelroad Motors, Inc. |
| Universal Underwriters Insurance Company, Zurich American Insurance Company and Charles Chase |
| 7:2011cv05002 |
| February 17, 2011 |
| US District Court for the District of Nebraska |
| 7 North Platte Office |
| Richard G. Kopf |
| Cheryl R. Zwart |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Petition for Removal |
| Plaintiff |
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Filing
40
MEMORANDUM AND ORDER - The magistrate judge's findings and recommendation (filing 37 ) are adopted. The plaintiff's motion for remand (filing 20 ) is granted, and this case is remanded to state court, pursuant to 28 U.S.C. § 1447(c), for lack of subject matter jurisdiction. The clerk of the court shall mail a certified copy of this order to the District Court of Chase County, Nebraska, and may take any other action necessary to effectuate the remand. The parties joint stipulatio n (filing 39 ) is approved, and the plaintiff is awarded attorneys' fees and costs in the total amount of $12,500 against the defendants Universal Underwriters Insurance Company and Zurich American Insurance Company. Final judgment will be entered by separate document. Ordered by Judge Richard G. Kopf. (GJG )(Certified copy mailed as ordered).
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Filing
30
MEMORANDUM AND ORDER - 1) The Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiff's Motion to Remand to State Court and Motion to Stay Motion to Dismiss, (filing no. 26 ), is granted in part and denied in part as fol lows: a. The defendants have now filed their response to the plaintiffs motion to stay and, accordingly, their motion for an extension of time to file that response is denied as moot. b. The defendants' motion for additional time to respond to t he plaintiff's motion for remand is granted, and defendants response to the plaintiff's motion for remand shall be filed on or before April 14, 2011. c. Any reply to defendants response to plaintiff's motion for remand shall be filed s even calendar days after the filing of defendants' response. 2) In the interest of judicial economy, the plaintiff's motion to stay proceedings, including any response to defendants' pending motion to dismiss, (filing no. 23 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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