OCHS v. BAKER

Full title: Thomas Ochs and Helen Ochs Plaintiff, v. David Baker, Defendant

Court: United States District Court, D. Minnesota

Date published: Jun 22, 2010

10-CV-02399 (D. Minn. Jun. 22, 2010)

Opinion

10-CV-02399.

June 22, 2010

ORDER GRANTING WITHDRAWAL OF REMOVAL TO FEDERAL COURT AND REMAND TO STATE COURT

PAUL MAGNUSON, District Judge

THE COURT HEREBY ORDERS THAT:

1. As Defendant David Baker is a resident of the state of Minnesota and while there is diversity of citizenship and this action could have been brought originally in Federal Court, removal is not appropriate pursuant to 28 U.S.C. § 1441(b);

2. Defendant David Baker's request that the The Notice of Removal Pursuant to 28 U.S.C. § 1441 be withdrawn is granted;

3. The above-entitled matter is remanded back to the District Court of the County of Hennepin, State of Minnesota for the exercise of jurisdiction over this action; and

4. There is no prejudice to either party.