James v. Montes

Full title: DEBBIE JAMES, LE'VAR JAMES, SHAYLOR JAMES v. JOSE BARRON MONTES, SWIFT…

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Jul 20, 2017

CIVIL ACTION NO.: 17-00070-BAJ-EWD (M.D. La. Jul. 20, 2017)

Opinion

CIVIL ACTION NO.: 17-00070-BAJ-EWD

07-20-2017

DEBBIE JAMES, LE'VAR JAMES, SHAYLOR JAMES v. JOSE BARRON MONTES, SWIFT TRANSPORTATION COMPANY OF ARIZONA, LLC, RED ROCK RISK RETENTION GROUP, INC.

BRIAN A. JACKSON, CHIEF JUDGE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

RULING AND ORDER

Before the Court is the Unopposed Voluntary Motion to Remand (Doc. 4) filed by Swift Transportation Company of Arizona, LLC, Red Rock Risk Retention Group, Inc., and Jose Barron Montes (collectively "Defendants"). In their motion, Defendants move to voluntarily remand the instant action to the Eighteenth Judicial District Court, Parish of Iberville, State of Louisiana, for lack of subject matter jurisdiction.

On June 30, 2017, the United States Magistrate Judge issued a Report and Recommendation (Doc. 5), pursuant to 28 U.S.C. § 636(b)(1), addressing Defendants' Motion to Remand. In the Report and Recommendation, the Magistrate Judge recommends that the motion be granted and that this matter be remanded to the state court from which it was removed. (See Doc. 7).

Pursuant to 28 U.S.C. § 636(b)(1), the parties had fourteen (14) days from the date they received the Report and Recommendation to file written objections to the proposed findings of fact, conclusions of law, and recommendations therein. Debbie James, Le'Var James, and Shaylor James (collectively "Plaintiffs") filed no objections.

Having carefully considered the Petition, the Motion to Remand, and other relevant documents, the Court APPROVES the Magistrate Judge's Report and Recommendation, and hereby ADOPTS the findings of fact, conclusions of law, and recommendations therein.

Accordingly,

IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc. 5) is ADOPTED as the Court's opinion herein.

IT IS FURTHER ORDERED that the Unopposed Voluntary Motion to Remand (Doc. 4) filed by Swift Transportation Company of Arizona, LLC, Red Rock Risk Retention Group, Inc., and Jose Barron Montes is GRANTED.

IT IS FURTHER ORDERED that this action is REMANDED to the Eighteenth Judicial District Court, Parish of Iberville, State of Louisiana.

Baton Rouge, Louisiana, this 20^th day of July, 2017.

/s/ _________

BRIAN A. JACKSON, CHIEF JUDGE

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA