IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 06cv02234WYDCBS (Removed from County Court, Jefferson
County, Colorado, Case No. 06C19389)
TCF NATIONAL BANK,
Plaintiff,
v.
MARK G. DALY,
Defendant.
ORDER REMANDING CASE TO STATE COURT
THIS MATTER is before the Court on the Notice of Petition and Verified Petition
for Warrant of Removal and Preliminary Injunction, filed November 7, 2006 (“Notice of
Removal”) by Mark G. Daly, and the Motion for Remand to State Court, filed November
14, 2006 (docket #3) by TCF National Bank. Upon consideration of the Notice of
Removal and Motion for Remand, I find that the Motion for Remand should be
GRANTED.
There is a presumption against removal jurisdiction, Laughlin v. Kmart Corp., 50
F.3d 871, 873 (10th Cir. 1995), and statutes conferring jurisdiction upon the federal
courts, particularly removal statutes, are to be narrowly construed.” Pritchett v. Office
Depot, Inc., 420 F.3d 1090, 109495 (10th Cir. 2005). If there is any ambiguity as to
whether removal is appropriate, I must adopt a reasonable, narrow construction of the
applicable removal statute. Pritchett, 420 F.3d at 1095.
Here, there are several defects with the Notice of Removal that require
Case 1:06-cv-02234-WYD Document 5 Filed 11/21/2006 Page 1 of 3
TCF National Bank v. Daly
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immediate remand. First, I note that Mr. Daly, the party seeking removal, has failed to
comply with D.C.COLO.LR 81.2, which requires that “[t]he removing party shall
promptly file with this court copies of all state court pleadings, motions and other
papers.” To date, none of the state court pleadings, motions or other papers have
been filed in this case. Defendants failure to comply with this rule is “a fatal defect and
requires remand.” Careertrack Seminars, Inc. v. Lomasney, 150 B.R. 257, 258
(D.Colo. 1992).
In addition, the Civil Cover Sheet and Supplemental Civil Cover Sheet indicate
that Mr. Daly, a Defendant in the state court case, seeks removal based o