Filed: Jun. 17, 2014
Latest Update: Jun. 17, 2014
Summary: ORDER CAROLYN K. DELANEY, Magistrate Judge. This action was removed from state court on June 4, 2014. The removal petition alleges that federal question jurisdiction exists because plaintiff's claims depend on the determination of plaintiff's rights and defendants' duties, if any, under federal law. On June 12, 2014, plaintiff filed an ex parte application and notice of motion to remand this action. Defendants oppose the ex parte application and contend that there is "no basis to circumven
Summary: ORDER CAROLYN K. DELANEY, Magistrate Judge. This action was removed from state court on June 4, 2014. The removal petition alleges that federal question jurisdiction exists because plaintiff's claims depend on the determination of plaintiff's rights and defendants' duties, if any, under federal law. On June 12, 2014, plaintiff filed an ex parte application and notice of motion to remand this action. Defendants oppose the ex parte application and contend that there is "no basis to circumvent..
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ORDER
CAROLYN K. DELANEY, Magistrate Judge.
This action was removed from state court on June 4, 2014. The removal petition alleges that federal question jurisdiction exists because plaintiff's claims depend on the determination of plaintiff's rights and defendants' duties, if any, under federal law. On June 12, 2014, plaintiff filed an ex parte application and notice of motion to remand this action. Defendants oppose the ex parte application and contend that there is "no basis to circumvent Defendants' right to formulate an intelligent response" to the motion to remand. While defendants are correct that plaintiff's ex parte application suffers some procedural infirmities, plaintiff is proceeding pro se, and as such, the court will construe plaintiff's pleadings liberally. Plaintiff has fully briefed the motion to remand. Defendants will be afforded an opportunity to fully brief any opposition.
Accordingly, IT IS HEREBY ORDERED that:
1. Defendants shall file opposition, if any, to the motion to remand no later than July 2, 2014.
2. Reply, if any, shall be filed no later than July 9, 2014.
3. The matter shall thereafter stand submitted.
