Opinion
Civil Action No. 12-cv-02581-RPM
11-21-2012
Richard P. Matsch, Senior District Judge
ORDER DISMISSING DEFENDANT HRTC I, L.L.C. AND FOR SETTING SCHEDULING
CONFERENCE
This civil action was removed from the District Court, County of Arapahoe, State of Colorado, by defendant Home Depot U.S.A., Inc. d/b/a Home Depot by its Notice Of Removal, filed September 28, 2012, alleging diversity jurisdiction under 28 U.S.C. §1332 and contending that defendant HRTC I, LLC, and all other defendants have been fraudulently and improperly joined in that there is no basis for their liability. The plaintiff has not responded to those allegations of fraudulent joinder and, accordingly, it is
ORDERED that defendant HRTC I, LLC., is dismissed and the only defendant in this civil action is Home Depot U.S.A., Inc. d/b/a Home Depot and this matter will be set for scheduling conference.
BY THE COURT:
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Richard P. Matsch, Senior District Judge