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CAPPS v. WEFLEN

Case No. 4:10-CV-003.

690 F.Supp.2d 885 (2010)

Patricia R. CAPPS, f/k/a Patricia Anderson and Terrel A. Anderson, a/k/a Terral Anderson, Plaintiffs, v. Colleen L. WEFLEN a/k/a Colleen Weflen, a single woman, Marleen Weflen f/k/a Marleen E. Tiedt, Sharon Kruse a/k/a Sharon 0. Kruse f/k/a Sharon Weflen, a married woman dealing in her sole and separate property, Catherine Harris, Cathy Gunderson, a single woman, Norris Weflen a/k/a Norris L. Weflen, a single man, Windsor Bakken, LLC, a Delaware Limited Liability Company, John H. Holt Oil Properties, Inc., and Atomic Oil & Gas, a Colorado Limited Liability Company, Defendants.

United States District Court, D. North Dakota, Northwestern Division.

March 4, 2010.

Attorney(s) appearing for the Case

Patrick W. Durick, Zachary E. Pelham, Pearce & Durick, Bismarck, ND, for Plaintiffs.

Richard P. Olson, Olson Burns Lee, Minot, ND, S. Thomas Throne, Weston Timothy Graham, Throne Law Office, P.C., Sheridan, WY, for Defendants.

ORDER GRANTING PLAINTIFFS' MOTION FOR REMAND

DANIEL L. HOVLAND, District Judge.

Before the Court is the Plaintiffs' "Motion for Remand" filed on January 28, 2010. See Docket No. 3. The plaintiffs seek to remand this matter back to the North Dakota state district court. The basis for the remand is 1) diversity of jurisdiction has not been established by the removing party; 2) consent for removal among all of the defendants has not been established...

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