Kountz v. Martin-Brower Co.

Full title: SHERRY KOUNTZ v. THE MARTIN-BROWER CO., LLC

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Nov 8, 2016

CIVIL ACTION NO.: 16-00583-BAJ-RLB (M.D. La. Nov. 8, 2016)

Opinion

CIVIL ACTION NO.: 16-00583-BAJ-RLB

11-08-2016

SHERRY KOUNTZ v. THE MARTIN-BROWER CO., LLC

BRIAN A. JACKSON, CHIEF JUDGE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

RULING AND ORDER

Before the Court is the United States Magistrate Judge's Report and Recommendation (Doc. 8), pursuant to 28 U.S.C. § 636(b)(1), addressing the Motion to Transfer Pursuant to 28 USC §1404 (Doc. 4) and the Unopposed Motion to Withdraw Notice of Removal and Be Remanded to State Court and Withdraw Motion to Transfer and Incorporated Memorandum in Support of Same (Doc. 7) filed by The Martin-Brower Co., LLC ("Defendant"). In the Report and Recommendation, the Magistrate Judge recommends that Defendant's motion to withdraw be granted and that the action be remanded to the 18th Judicial District Court, West Baton Rouge Parish, Louisiana, for lack of subject matter jurisdiction under 28 U.S.C. § 1332(a). (Doc. 8 at p. 2).

Pursuant to 28 U.S.C. § 636(b)(1)(C) and Federal Rule of Civil Procedure 72, the parties had fourteen (14) days from the date they received the Report and Recommendation to file written objections to the proposed findings of fact, conclusions of law, and recommendations therein. No objections were filed.

Having carefully considered the Petition and the relevant motions, the Court approves the Magistrate Judge's Report and Recommendation, and hereby adopts the findings of fact, conclusions of law, and recommendations therein.

Accordingly,

IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc. 8) is ADOPTED as the Court's opinion herein.

IT IS FURTHER ORDERED that Defendant's Unopposed Motion to Withdraw Notice of Removal and Be Remanded to State Court and Withdraw Motion to Transfer and Incorporated Memorandum in Support of Same (Doc. 7) is GRANTED.

IT IS FURTHER ORDERED that Defendant's Motion to Transfer Pursuant to 28 USC §1404 (Doc. 4) is DENIED AS WITHDRAWN.

IT IS FURTHER ORDERED that this action is REMANDED to the 18th Judicial District Court, West Baton Rouge Parish, Louisiana.

Baton Rouge, Louisiana, this 8^th day of November, 2016.

/s/ _________

BRIAN A. JACKSON, CHIEF JUDGE

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA