Anderson v. Cont'l W. Ins. Co.

Full title: JOHN RICHARD ANDERSON, Plaintiff, v. CONTINENTAL WESTERN INSURANCE…

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION

Date published: Jan 31, 2018

Civil Action No. 5:17-CV-222-M (N.D. Tex. Jan. 31, 2018)

Opinion

Civil Action No. 5:17-CV-222-M

01-31-2018

JOHN RICHARD ANDERSON, Plaintiff, v. CONTINENTAL WESTERN INSURANCE COMPANY, BERKLEY NATIONAL INSURANCE COMPANY F/K/A UNION STANDARD INSURANCE COMPANY, AND CHRISTOPHER LEE MICHELS, Defendants.

BARBARA M. G. LYNN CHIEF JUDGE

ORDER ACCEPTING FINDINGS , CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

The United States Magistrate Judge made Findings, Conclusions, and a Recommendation in this case. No objections were filed, and the Magistrate Judge's recommendation is now ripe for review. The District Court reviewed the proposed Findings, Conclusions, and Recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge.

The Court therefore GRANTS Plaintiff's Motion to Remand and DENIES Plaintiff's request for attorneys' fees and costs (ECF No. 18). Defendant Christopher Lee Michels's Motion to Dismiss (ECF No. 9) is DENIED due to a lack of subject matter jurisdiction, and Defendant Berkley National Insurance Company's Motion to Dismiss (ECF No. 11) is DENIED as moot.

This case is hereby REMANDED to the 132nd Judicial District Court of Borden County, Texas. The Clerk of this Court shall mail a certified copy of this order to the District Clerk of Borden County, Texas.

SO ORDERED.

January 31, 2018.

/s/ _________

BARBARA M. G. LYNN

CHIEF JUDGE