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4:14-cv-00622 #9

4:14-cv-00622 #9

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Published by Equality Case Files
Doc 9 - Motion to Remand
Doc 9 - Motion to Remand

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Published by: Equality Case Files on Aug 17, 2014
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12/18/2014

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1 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI Kyle Lawson, et al., ) ) Plaintiffs, ) ) v. ) No. 4:14-cv-00622-ODS ) Robert Kelly, ) Defendant. ) ___________________________________ ) ) State of Missouri, ) ) Intervenor. )
Motion for Remand
Come now Plaintiffs, pursuant to 28 United State Code section 1447(c), and move this Court for entry of an order remanding this case to the Circuit Court of Jackson County, Missouri, at Kansas City, Sixteenth Judicial Circuit. In support, Plaintiffs state: 1.
 
This action commenced on June 24, 2014, with the filing of a petition in the circuit court against Robert Kelly, in his official capacity as Director of the Jackson County Department of the Recorder of Deeds. (Doc. # 1-1). 2.
 
On July 10, 2014, the State of Missouri moved to appear as an intervenor in this case. (Doc. # 1-2). The request to intervene was unopposed and, on July 11, 2014, the circuit court granted the motion to intervene. (Doc. # 1-3). 3.
 
On July 15, 2014, the State of Missouri filed a notice of removal in this Court. (Doc. # 1). 4.
 
For the reasons explained in the suggestions in support filed herewith, Missouri, as an intervenor and not a “defendant,” is not afforded the right to remove by statute and, even if Missouri could remove the case, removal has not been properly effectuated.
Case 4:14-cv-00622-ODS Document
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2 WHEREFORE Plaintiffs request this Court remand this case to the Circuit Court of Jackson County, at Kansas City, and allow such other and further relief to Plaintiffs as is just and proper under the circumstances. Respectfully submitted,  /s/ Anthony E. Rothert Anthony E. Rothert, #44827 Grant R. Doty, #60788 American Civil Liberties Union of Missouri Foundation 454 Whittier Street St. Louis, Missouri 63108 (314) 652-3114 (314) 652-3112 (facsimile) Gillian R. Wilcox, #61278 American Civil Liberties Union of Missouri Foundation 3601 Main Street Kansas City, Missouri 64111 (816) 470-9938 ATTORNEYS FOR PLAINTIFFS
Case 4:14-cv-00622-ODS Document
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