Filed: Jul. 18, 2017
Latest Update: Jul. 18, 2017
Summary: RULING AND ORDER JAMES J. BRADY , District Judge . Before the Court is a Motion to Remand filed by Plaintiffs, Roger S. Phillips, III and Sharon Burge Phillips, individually and as beneficiaries of, and as individual co-trustees on behalf of, The Roger S. Phillips, Jr. Exemption Testamentary Trust, The Roger S. Phillips, Jr. Marital Testamentary Trust, and The Roger S. Phillips, Jr. Testamentary Trust Part A/Trust Part B. 1 Defendant, JPMorgan Chase Bank N.A., has filed an Opposition t
Summary: RULING AND ORDER JAMES J. BRADY , District Judge . Before the Court is a Motion to Remand filed by Plaintiffs, Roger S. Phillips, III and Sharon Burge Phillips, individually and as beneficiaries of, and as individual co-trustees on behalf of, The Roger S. Phillips, Jr. Exemption Testamentary Trust, The Roger S. Phillips, Jr. Marital Testamentary Trust, and The Roger S. Phillips, Jr. Testamentary Trust Part A/Trust Part B. 1 Defendant, JPMorgan Chase Bank N.A., has filed an Opposition to..
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RULING AND ORDER
JAMES J. BRADY, District Judge.
Before the Court is a Motion to Remand filed by Plaintiffs, Roger S. Phillips, III and Sharon Burge Phillips, individually and as beneficiaries of, and as individual co-trustees on behalf of, The Roger S. Phillips, Jr. Exemption Testamentary Trust, The Roger S. Phillips, Jr. Marital Testamentary Trust, and The Roger S. Phillips, Jr. Testamentary Trust Part A/Trust Part B.1 Defendant, JPMorgan Chase Bank N.A., has filed an Opposition to the Motion.2
United States Magistrate Judge Erin Wilder-Doomes issued a Report and Recommendation dated May 8, 2017 recommending that the Plaintiffs' Motion to Remand be denied because JPMorgan Chase had met its heavy burden of proving Defendant Elizabeth M. Ary had been improperly joined to destroy diversity jurisdiction, 28 U.S.C. § 1332.3 Plaintiffs timely filed Objections to the Report and Recommendation.4 JPMorgan Chase Bank N.A. subsequently filed a Response to Plaintiffs' Objections.5
Having carefully considered the Motion, the record, the applicable law, the Report and Recommendation, and the Plaintiffs' Objections, the Court hereby approves the Magistrate Judge's Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein.
Accordingly, IT IS HEREBY ORDERED that Plaintiffs' Motion to Remand6 is DENIED.
IT IS FURTHER ORDERED that Plaintiffs' claims against Defendant Elizabeth M. Ary are hereby DISMISSED.
The Court refers this matter to the Magistrate Judge for a scheduling conference.