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06-9130 - Diaz v. Griggs et al


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06-9130 - Diaz v. Griggs et al
December 18, 2007
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ORDER AND REASONS: ORDERED that Defendants will be allowed until Friday, December 28, 2007, to amend their notice of removal in accordance with this Order and Reasons. Unless the Court otherwise deems appropriate, the action shall be remanded to state court for lack of federal subject matter jurisdiction if an amended notice of removal is not timely filed as ordered. IT IS FURTHER ORDERED that Plaintiff's Motion to Remand (Rec. Doc. No. 36) is DENIED WITHOUT PREJUDICE. If appropriate, Plaintiff may re-file his motion within five (5) business days of the filing of Defendants amended notice of removal. IT IS FURTHER ORDERED that Defendants' Motion for Leave to Amend Notice of Removal (Rec. Doc. No. 53), which is set for hearing on January 9, 2008, is DENIED AS MOOT. Regarding Plaintiff's Motion for Review of Magistrate Judge's Order (Rec. Doc. No. 32) - ORDERED that Magistrate Judge Roby's ruling (Rec. Doc. No. 3) is affirmed. If Plaintiff has not yet been deposed, that should be accomplished promptly. IT IS FINALLY ORDERED that Plaintiff shall be provided with a copy of the surveillance video in question no later than the day that his deposition is completed. Signed by Judge Kurt D. Engelhardt on 12/18/07. (tbl)
February 25, 2008
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ORDER and REASONS REMANDING CASE TO STATE COURT. Signed by Judge Kurt D. Engelhardt on 2/25/08.(cab) Additional attachment(Remand Letter) added on 2/25/2008 (cab, ). Modified on 2/25/2008 (cab, ).