Filed: Mar. 20, 2019
Latest Update: Mar. 20, 2019
Summary: ORDER JEFFREY U. BEAVERSTOCK , District Judge . Upon due consideration of all issues raised, and a de novo determination of those parts of the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) (Doc. 39) to which objection is made, the Report and Recommendation is ADOPTED in part, as follows: The Court ADOPTS the Report and Recommendation that Plaintiffs' Motion to Remand (Doc. 15) be DENIED, and that Defendant Slinkard's Motion to Dismiss (Doc. 4)
Summary: ORDER JEFFREY U. BEAVERSTOCK , District Judge . Upon due consideration of all issues raised, and a de novo determination of those parts of the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) (Doc. 39) to which objection is made, the Report and Recommendation is ADOPTED in part, as follows: The Court ADOPTS the Report and Recommendation that Plaintiffs' Motion to Remand (Doc. 15) be DENIED, and that Defendant Slinkard's Motion to Dismiss (Doc. 4) ..
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ORDER
JEFFREY U. BEAVERSTOCK, District Judge.
Upon due consideration of all issues raised, and a de novo determination of those parts of the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) (Doc. 39) to which objection is made, the Report and Recommendation is ADOPTED in part, as follows:
The Court ADOPTS the Report and Recommendation that Plaintiffs' Motion to Remand (Doc. 15) be DENIED, and that Defendant Slinkard's Motion to Dismiss (Doc. 4) be GRANTED and that the claims against Defendant Slinkard be dismissed without prejudice.
The Court otherwise concludes that it lacks subject-matter jurisdiction of Plaintiff Latoya McCant's claim against Defendant Remedial Services, Inc. Her claim arises under the Alabama worker's compensation statute and therefore is barred from removal by 28 U.S.C § 1445(c) ("A civil action in any State court arising under the workmen's compensation laws of such State may not be removed to any district court of the United States."). As such, Plaintiff Latoya McCant's claim against Defendant Remedial Services, Inc. must be and is hereby REMANDED to the Circuit Court of Mobile County, Alabama. See Lamar v. Home Depot, 907 F.Supp.2d 1311, 1313 (S.D. Ala. 2012)(interpreting 28 U.S.C § 1445(c) and citing Reed v. Heil Co., 206 F.3d 1055 (11th Cir. 2000)).
Plaintiffs' Alternative Motion to Conduct Limited Discovery (Doc. 15) is MOOT (Doc. 31).
Plaintiffs' Renewed Motions to conduct such discovery1and to submit an affidavit of John Frost2 (Docs. 41 and 42 respectively) are MOOT.
The parties are ORDERED to file a Rule 26(f) Report with the Court not later than April 15, 2019.
DONE and ORDERED.
