Opinion
Case No. 6:06-cv-533-Orl-28JGG.
August 2, 2006
ORDER
This case is before the Court on Motion to Remand (Doc. No. 21) filed May 26, 2006. The United States Magistrate Judge has submitted a report recommending that the motion be Granted.
After an independent de novo review of the record in this matter, and consideration of the objection filed by Defendant McHenry (Defendant's Motion To Rescind Remand Action and To Dismiss (Doc. 27) taken as an objection), the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows:
1. That the Report and Recommendation filed June 16, 2006 (Doc. No. 26) is ADOPTED and CONFIRMED and made a part of this Order.
2. Plaintiff's Motion to Remand (Doc. 21) is GRANTED; this Court lacks subject matter jurisdiction and Defendants failed to effect proper removal.
3. Defendants' Motion to Dismiss (Doc. 25) is DENIED as moot.
4. The Clerk is directed to remand this case to Travis County, Texas, in Cause Number C-1-CV-05-002706 in County Court at Law No. 2.
5. This Court retains jurisdiction to decide motion(s) for award of attorney's fees and costs. Any such motions shall be filed no later than October 31, 2006.