Arleen Linda Nunes v. Joseph Eaton

• Court: District Court, D. Nevada
• Decided: October 21, 2025
• Docket: 3:25-cv-00272
• Status: Unknown

Opinion

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 ARLEEN LINDA NUNES, Case No. 3:25-cv-00272-ART-CSD 6 Plaintiff, ORDER 7 v.

8 JOSEPH EATON,

9 Defendant.

11 Plaintiff Arlene Linda Nunes brings this action against Defendant Joseph 12 Eaton for possession of residential property. Defendant filed a notice of removal 13 without attaching a copy of the complaint in the action he sought to remove. (ECF 14 No. 1.) This Court entered an order giving Defendant until August 28, 2025, to 15 file a copy of the complaint as a supplement to the notice of removal, warning 16 defendant that failure to do so may result in the remand of this action to the state 17 court. (ECF No. 4.) It appears that at least for some time, the order was 18 undeliverable to the Defendant. (ECF No. 5.) 19 On August 29, 2025, Magistrate Judge Craig L. Denney issued a Report 20 and Recommendation (“R&R”) (ECF No. 6) recommending that the action be 21 remanded to the state court for failure to include “a copy of all process, pleadings, 22 and orders served upon” the plaintiff in the action sought to be removed, 23 including the complaint. See 28 U.S.C. § 1446(a); Kuxhausen v. BMW Fin. Servs. 24 NA LLC, 707 F.3d 1136, 1142 (9th Cir. 2013). Because the Defendant may not 25 have received the August 28, 2025, order, the Court orders Defendant to file all 26 proper documents for his notice of removal by November 5, 2025. Should 27 Defendant fail to cure his filing, this Court will remand the action to state court 28 1 || per Judge Denney’s prior recommendation. 2 I. Conclusion 3 It is ordered that the Defendant have until November 5, 2025, to cure his 4 || notice of removal. 5 6 Dated this 21st day of October, 2025. 7

9 ANNE'R. TRAUM 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28