Opinion
CIVIL ACTION NO. 4:19-CV-705
08-28-2019
JOSHUA HUFFMAN, et al, Plaintiffs, v. EVANS TRANSPORTATION SERVICES, INC., et al, Defendants.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
Pending before the Court in the above referenced proceeding is Plaintiffs' Motion to Remand (Doc. 12); Judge Stacy's Memorandum and Recommendation (Doc. 26) that the Court grant the Plaintiffs' Motion to Remand; and Defendant's Objections (Doc. 27) to the Memorandum and Recommendation.
The Court has reviewed the case, de novo, and agrees with the Magistrate Judge's conclusion that Plaintiffs' claims against Defendant Evans Transportation Services, Inc. do not fall within the preemption provision of 14 U.S.C. § 14501(c)(1) and/or are otherwise excepted from preemption under 14 U.S.C. § 14501(c)(2)(A); and therefore those claims are not completely preempted by federal law. Accordingly, the Court hereby
ORDERS that Defendant's Objections (Doc. 27) are OVERRULED; the Memorandum and Recommendation (Doc. 26) is ADOPTED; and Plaintiffs' Motion to Remand (Doc. 12) is GRANTED. It is further
ORDERED that this case is hereby REMANDED to the 281 Judicial District Court of Harris County, Texas.
SIGNED at Houston, Texas, this 28 day of August 2019.
/s/_________
ANDREW S. HANEN
UNITED STATES DISTRICT JUDGE