Filed: Jul. 10, 2018
Latest Update: Jul. 10, 2018
Summary: ORDER SAM R. CUMMINGS , Senior District Judge . In the Report and Recommendation filed April 12, 2018, the United States Magistrate Judge recommends as follows: (1) the Court grant Plaintiff's Opposed Motion for Leave to Amend Petition and Add [Non-diverse] Defendants and for Remand; (2) the Court direct the Clerk of Court to file the proposed amended complaint that Plaintiff has attached to the Motion for Leave; and (3) the Court remand the above-styled and -numbered civil action to th
Summary: ORDER SAM R. CUMMINGS , Senior District Judge . In the Report and Recommendation filed April 12, 2018, the United States Magistrate Judge recommends as follows: (1) the Court grant Plaintiff's Opposed Motion for Leave to Amend Petition and Add [Non-diverse] Defendants and for Remand; (2) the Court direct the Clerk of Court to file the proposed amended complaint that Plaintiff has attached to the Motion for Leave; and (3) the Court remand the above-styled and -numbered civil action to the..
More
ORDER
SAM R. CUMMINGS, Senior District Judge.
In the Report and Recommendation filed April 12, 2018, the United States Magistrate Judge recommends as follows:
(1) the Court grant Plaintiff's Opposed Motion for Leave to Amend Petition and Add [Non-diverse] Defendants and for Remand;
(2) the Court direct the Clerk of Court to file the proposed amended complaint that Plaintiff has attached to the Motion for Leave; and
(3) the Court remand the above-styled and -numbered civil action to the 104th Judicial District Court of Taylor County, Texas.
The Court has carefully reviewed the Report and Recommendation, along with Defendant Berkley National Insurance Company's Objections and Plaintiff's Response thereto. The Court finds that the objections should be OVERRULED.
Further, the Court finds that the findings and conclusions contained in the well-reasoned and thorough Report and Recommendation of the Magistrate Judge are correct and ADOPTS them as the findings and conclusions of the Court. The proposed amended complaint asserts plausible, viable claims against non-diverse defendants.
The proposed amended complaint is directed to be FILED by the Clerk of Court and the above-styled and -numbered civil action is REMANDED to the 104th Judicial District Court of Taylor County, Texas, pursuant to 28 U.S.C. §§ 1447(e) and 1447(c).
SO ORDERED.
