Huffman v. Evans Transportation Services, Inc., 4:19-CV-705. (2019)
Court: District Court, S.D. Texas
Number: infdco20190905638
Visitors: 7
Filed: Aug. 28, 2019
Latest Update: Aug. 28, 2019
Summary: ORDER ADOPTING MEMORANDUM AND RECOMMENDATION ANDREW S. HANEN , District Judge . Pending before the Court in the above referenced proceeding is Plaintiffs' Motion to Remand (Doc. 12); Judge Stacy's Memorandum and Recommendation (Doc. 26) that the Court grant the Plaintiffs' Motion to Remand; and Defendant's Objections (Doc. 27) to the Memorandum and Recommendation. The Court has reviewed the case, de novo, and agrees with the Magistrate Judge's conclusion that Plaintiffs' claims against
Summary: ORDER ADOPTING MEMORANDUM AND RECOMMENDATION ANDREW S. HANEN , District Judge . Pending before the Court in the above referenced proceeding is Plaintiffs' Motion to Remand (Doc. 12); Judge Stacy's Memorandum and Recommendation (Doc. 26) that the Court grant the Plaintiffs' Motion to Remand; and Defendant's Objections (Doc. 27) to the Memorandum and Recommendation. The Court has reviewed the case, de novo, and agrees with the Magistrate Judge's conclusion that Plaintiffs' claims against D..
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ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
ANDREW S. HANEN, District Judge.
Pending before the Court in the above referenced proceeding is Plaintiffs' Motion to Remand (Doc. 12); Judge Stacy's Memorandum and Recommendation (Doc. 26) that the Court grant the Plaintiffs' Motion to Remand; and Defendant's Objections (Doc. 27) to the Memorandum and Recommendation.
The Court has reviewed the case, de novo, and agrees with the Magistrate Judge's conclusion that Plaintiffs' claims against Defendant Evans Transportation Services, Inc. do not fall within the preemption provision of 14 U.S.C. § 14501(c)(1) and/or are otherwise excepted from preemption under 14 U.S.C. § 14501(c)(2)(A); and therefore those claims are not completely preempted by federal law. Accordingly, the Court hereby
ORDERS that Defendant's Objections (Doc. 27) are OVERRULED; the Memorandum and Recommendation (Doc. 26) is ADOPTED; and Plaintiffs' Motion to Remand (Doc. 12) is GRANTED. It is further
ORDERED that this case is hereby REMANDED to the 281st Judicial District Court of Harris County, Texas.
Source: Leagle
