Cauchi

ORDER DENYING PLAINTIFF’S MOTION TO REMAND AND GRANTING DEFENDANTS’ MOTIONS TO DISMISS

On August 21,1998 Gary Cauchi (“Plaintiff’) filed a Complaint against Paula Mi-nugh (“Minugh”), Silvana Rice (“Rice”) and M. Brown (“Brown”) in small claims court.

On September 3, 1998, Minugh and Rice removed Plaintiffs action to this Court. The case was assigned to me and docketed as CV-F-98-5998-RE C-DLB (“Docket No. 5998”).

Not realizing the case already had been removed, sometime later the United States (claiming that it, and not Brown, is the proper party) removed the case a second time, ultimately resulting in a separate case before The Honorable Oliver W. Wan-ger, docketed as CV-F-98-6125-OWW-DLB (“Docket No. 6125”). That case was then reassigned to me as a related case.

Minugh and Rice and the United States later filed separate motions to dismiss Plaintiffs Complaint. Both the United States and Minugh and Rice filed their Motions under Docket No. 5998.

On November 16, 1998, the Court heard the motions to dismiss. The Court then issued an Order Denying Plaintiffs Motion to Remand and Granting Defendants’ Motions to Dismiss (the “Order”), which was entered on November 17, 1998 under…