Russell v. Catholic Healthcare Partners Emp. Long Term Disability Plan

Full title: KAREN RUSSELL, Plaintiff v. CATHOLIC HEALTHCARE PARTNERS EMPLOYEE LONG…

Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Date published: Feb 13, 2014

C-1-13-324 (S.D. Ohio Feb. 13, 2014)

Opinion

C-1-13-324

02-13-2014

KAREN RUSSELL, Plaintiff v. CATHOLIC HEALTHCARE PARTNERS EMPLOYEE LONG TERM DISABILITY PLAN, et al., Defendants

Herman J. Weber

ORDER

This matter is before the Court upon the Report and Recommendation of the United States Magistrate Judge (doc. no. 14), defendant's objections (doc. no. 17) plaintiff's reply (doc. no. 19) and defendants' reply (doc. no. 20). The Magistrate Judge recommended that plaintiff's Motion to Remand (doc. no. 9) be granted.

Defendants object to the Magistrate Judge's Report and Recommendation on the grounds that her findings are contrary to law.

CONCLUSION

Upon a de novo review of the record, especially in light of defendants' objections, the Court finds that the Magistrate Judge properly recognized that the state defendants are not fraudulently joined defendants. The Court finds that the Magistrate Judge has accurately set forth the controlling principles of law and properly applied them to the particular facts of this case and agrees with the Magistrate Judge that this Court lacks jurisdiction to decide the merits of this case.

Accordingly, the Court hereby ADOPTS the Report and Recommendation of the United States Magistrate Judge (doc. no. 14). Plaintiff's Motion to Remand (doc. no. 9) is GRANTED.

This case is TERMINATED on the docket of this Court.

IT IS SO ORDERED.

__________

Herman J. Weber, Senior Judge

United States District Court