Opinion
Civil Action No. 2:05CV103-P-B.
July 11, 2006
ORDER
This cause came on for hearing on plaintiff's Motion to Remand [10]. The Court, having considered the motion and being otherwise fully advised in the premises, finds as follows, to-wit:
In accordance with the Memorandum Opinion entered this day, the Court finds that the plaintiff's Motion to Remand is not well-taken and should be denied. Furthermore, inasmuch as the Court's finding is premised on the fraudulent joint of defendant Retzer Resources, said defendant should be dismissed with prejudice as a party defendant.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the plaintiff's Motion to Remand [10] is not well-taken and should be, and hereby is, DENIED. IT IS FURTHER ORDERED that Defendant Retzer Resources is hereby DISMISSED WITH PREJUDICE as a party defendant IT IS FURTHER ORDERED that the stay imposed by the Magistrate Judge pending a ruling on the instant motion is hereby LIFTED. IT IS FURTHER ORDERED that the parties are to contact the assigned magistrate judge concerning the entry of a scheduling conference within ten (10) days of the entry of this Order.
SO ORDERED.