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SULLIVAN v. BNSF RY. CO.

No. CV-06-0207-PHX-ROS.

447 F.Supp.2d 1092 (2006)

Jeanette SULLIVAN, Herbert Sullivan, Jr. and Nicole Sullivan, individually and on behalf of the heirs of decedent Jerome K.W. Sullivan; Jeanette Sullivan individually, and on behalf of the heirs of decedent Ean S. Sinyella; Jeanette Sullivan, Herbert Sullivan, Jr. and Nicole Sullivan individually, and on behalf of the heirs of decedent Aralla M. Sullivan; and Augusta Sullivan individually, and on behalf of the heirs of decedent Travell K. Sullivan, Plaintiffs, v. BNSF RAILWAY COMPANY, fka The Burlington Northern Santa Fe Railroad Company; Matthew Kelley McCauley, aka Matthew Kelly McCauley and Joel Frederick Briggs, Defendants.

United States District Court, D. Arizona.

August 17, 2006.

Attorney(s) appearing for the Case

Dana R. Stoker, Law Office of Dana R. Stoker, Denis R. Malm, Wachtel Biehn & Malm, Lake Havasu City, AZ, Douglas F. Martin, Robert L. Pottroff, Myers Pottroff & Ball PA, Manhattan, KS, for Plaintiffs.

William Lee Thorpe, Thomas Derek Ulreich-Power, Todd Stephen Kartchner, Fennemore Craig PC, Phoenix, AZ, for Defendants.

SILVER, District Judge.

Pending before the Court is Plaintiff's Motion to Remand. (Doc. 16) For the following reasons, the Court will grant the motion and remand the case.1

I. BACKGROUND

On December 15, 2005, Plaintiffs filed a lawsuit in Maricopa County Superior Court. The suit alleged multiple counts of wrongful death under Arizona state law based on the negligence of the Defendants. The incident giving rise...

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