Opinion
Case No: 6:12-cv-951-Orl-36GJK
09-28-2012
KAREN KENYON, Plaintiff, v. FIDELITY & GUARANTY LIFE INSURANCE COMPANY, Defendant.
ORDER
This cause comes before the Court upon the Report and Recommendation filed by Magistrate Judge Gregory J. Kelly on September 11, 2012 (Doc. 14). Magistrate Judge Kelly recommends denying Plaintiff Karen Kenyon's ("Plaintiff") Motion to Remand (Doc. 11), finding that the Court may properly exercise diversity jurisdiction over this action. Doc. 14, p. 5. Neither party has objected to the Report and Recommendation and the time to do so has expired.
The Court agrees with the Magistrate that Defendant Fidelity & Guaranty Life Insurance Company ("Defendant") has established that it is a citizen of Maryland. Doc. 14, p. 4. Given that the parties do no dispute that the amount in controversy exceeds $75,000, the Court may properly exercise diversity jurisdiction. 28 U.S.C. § 1332(c). Thus, after careful consideration of the Report and Recommendation of the Magistrate Judge, in conjunction with an independent examination of the court file, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects.
Accordingly, it is hereby ORDERED and ADJUDGED as follows:
1) The Report and Recommendation of the Magistrate Judge (Doc. 14) is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this Order for all purposes, including appellate review.
2) Plaintiff's Motion to Remand (Doc. 11) is DENIED.
DONE and ORDERED in Orlando, Florida on September 28, 2012.
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Charlene Edwards Honeywell
United States District Judge
Copies furnished to:
Counsel of Record
Unrepresented Parties
U.S. Magistrate Judge Gregory J. Kelly