Summary
denying fees on remand to state court on similar facts
Summary of this case from Stalley v. Allstate Ins. Co.Opinion
Case No. 6:09-cv-463-Orl-28DAB.
July 2, 2009
ORDER
This case is before the Court on the Report and Recommendation filed by the United States Magistrate Judge recommending that this case be remanded (Doc. 16). Also before the Court is the Amended Motion for Attorney's Fees (Doc. 19). The United States Magistrate Judge has issued a report recommending that the motion for fees be denied. (Doc. 28).
Plaintiff filed her Motion to Remand the same day the Report and Recommendation issued.
After an independent de novo review of the record in this matter, and consideration of the objections to the Report and Recommendation to remand this case, as well as the Notice of the Status of the State Court Proceedings, the Court agrees entirely with the findings of fact and conclusions of law in both Reports and Recommendations. Therefore, it is ORDERED as follows:
1. That the Report and Recommendation filed April 10, 2009 (Doc. No. 16) is ADOPTED and CONFIRMED and made a part of this Order.
2. That the Report and Recommendation filed May 7, 2009 (Doc. No. 28) is ADOPTED and CONFIRMED and made a part of this Order.
3. This case is remanded to the Eighteenth Judicial Circuit in and for Brevard County, Florida, case number 05-2007-CA-22134.
4. The Amended Motion for Attorney's Fees (Doc. No. 19) is DENIED.
5. All pending motions (Motion to Dismiss — Doc. No. 3; Motion to Remand — Doc. 15; and Motion for Hearing and Status Conference — Doc. 29) are DENIED as moot.
6. The Clerk is directed to remand this case as instructed above and to thereafter close this file.
DONE and ORDERED in Chambers, Orlando, Florida.