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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 9 Filed 08/12/14 Page 1 of 3
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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

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Certificate of Service
I certify a copy of the foregoing was served upon counsel for Defendant Kelly and
Intervenor State of Missouri by operation of the courts CM/ECF system on August 12, 2014.

/s/ Anthony E. Rothert

Case 4:14-cv-00622-ODS Document 9 Filed 08/12/14 Page 3 of 3

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