Filed: Mar. 28, 2017
Latest Update: Mar. 28, 2017
Summary: DEFENDANT'S MOTION TO WITHDRAW NOTICE OF REMOVAL GLORIA M. NAVARRO , Chief District Judge . Defendant Electrical Workers Health and Welfare Trust ("Defendant") (erroneously named as Electrical Workers Local 357 Trust Funds) by and through its attorneys move to withdraw their Notice of Removal in this action and respectfully request that this Court remand this action to state court, and in support thereof state: 1. This civil action was originally commenced in the District Court of the Eigh
Summary: DEFENDANT'S MOTION TO WITHDRAW NOTICE OF REMOVAL GLORIA M. NAVARRO , Chief District Judge . Defendant Electrical Workers Health and Welfare Trust ("Defendant") (erroneously named as Electrical Workers Local 357 Trust Funds) by and through its attorneys move to withdraw their Notice of Removal in this action and respectfully request that this Court remand this action to state court, and in support thereof state: 1. This civil action was originally commenced in the District Court of the Eight..
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DEFENDANT'S MOTION TO WITHDRAW NOTICE OF REMOVAL
GLORIA M. NAVARRO, Chief District Judge.
Defendant Electrical Workers Health and Welfare Trust ("Defendant") (erroneously named as Electrical Workers Local 357 Trust Funds) by and through its attorneys move to withdraw their Notice of Removal in this action and respectfully request that this Court remand this action to state court, and in support thereof state:
1. This civil action was originally commenced in the District Court of the Eighth Judicial Circuit in and for Clark, County, Nevada, by Complaint in Interpleader filed on August 09, 2016.
2. Defendant was served with the Complaint on January 27, 2017.
3. Defendant filed a Notice of Removal to the United States District Court for the District of Nevada, on February 24, 2017.
4. Removal of this action was based on Congress giving exclusive jurisdiction to Federal Courts to enforce terms of an ERISA Plan. ERISA § 502(e), as codified at 29 U.S.C. § 1132(e)(1).
5. Plaintiff and Defendant have since settled the matter, so the basis for removal and exclusive jurisdiction under ERISA § 502(e) no longer exists.
6. As such, Defendant respectfully requests that it be allowed to withdraw its Notice of Removal and that this matter be remanded to the District Court of the Eighth Judicial Circuit in and for Clark, County, Nevada.
IT IS SO ORDERED.
