Opinion
CIVIL ACTION NO. 15-645-JJB-EWD
08-02-2016
ROBIN ANZALONE COLLURA v. THE SUCCESSION OF JAMES ANTHONY COLLURA AND ANTHONY JOSEPH COLLURA
RULING
The court has carefully considered the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Erin Wilder-Doomes, dated June 13, 2016 (doc. no. 21) to which no objection has been filed.
The court hereby approves the report and recommendation of the magistrate judge and adopts it as the court's opinion herein. Accordingly, the Plaintiff's Motion to remand is GRANTED IN PART AND DENIED IN PART. The court exercises federal jurisdiction over Plaintiff's claim to the proceeds of the Stihl 401(k). The Plaintiff's state law claims, including Plaintiff's claim to the proceeds of Decedent's life insurance policy are REMANDED to the 21st Judicial District for the Parish of Livingston, State of Louisiana, for further proceedings. The request for costs and fees associated with removal is DENIED.
Baton Rouge, Louisiana, this 2nd day of August, 2016.
/s/_________
JAMES J. BRADY
UNITED STATES DISTRICT JUDGE