Opinion
Case No. 2:03-CV-1119DAK.
June 14, 2004
ORDER
On December 22, 2003, Defendants removed this case from the Third Judicial District Court in and for Salt Lake County, State of Utah, Civil Case No. 030914373DC, to this court. On April 6, 2004, Plaintiffs filed a "Motion to Add Defendants" requesting an order from the court permitting that addition of Atlas Machinery and Kobelco Construction Machinery Co., Ltd, as defendants. On April 29, 2004, Plaintiffs filed a "Motion to Amend Complaint and for Removal [sic] to State Court". Plaintiffs' request to amend was to include allegations against the new defendants it sought to add. In addition, Plaintiffs' request for remand was based on a lack of diversity jurisdiction resulting from the addition of the new defendants.
As of the date of this Order, Defendants have not filed any objection to Plaintiff's motions. Therefore, this court grants Plaintiffs' motion to add defendants, Plaintiffs' motion to amend its complaint to add allegations against the new defendants, and Defendant's motion for to remand the case to state court. The clerk of this court shall enter Plaintiffs' Proposed Amended Complaint as Plaintiffs' amended complaint. As a result of such amendment, this case is remanded to the Third Judicial District Court in and for Salt Lake County, State of Utah, based on a lack of diversity jurisdiction. Pursuant to 42 U.S.C. § 1447(c), the clerk of this court shall mail a certified copy of this order of remand to the clerk of the Third Judicial District Court in and for Salt Lake County, State of Utah.