Opinion
Civil Action 21-00545-BAJ-EWD
09-02-2022
DALE A. SHAVER v. DME EXPRESS, LLC, ET AL.
RULING AND ORDER
BRIAN A. JACKSON JUDGE UNITED STATES DISTRICT COURT
Before the Court is Plaintiffs Motion for Leave to File First Supplemental and Amending Petition for Damages. (Doc. 11). Defendants DME Express, LLC and Old Republic Insurance Company initially opposed the Motion. (Doc. 20). Since this filing, DME filed a Notice of Consent to First Amended Complaint and Consent to Remand of Case to State Court, withdrawing its prior Opposition and consenting to remand. (Doc. 20; Doc. 35).
The Magistrate Judge issued a Report and Recommendation, recommending that the Court grant Plaintiffs Motion (Doc. 11). (Doc. 37, p. 11). Because Plaintiffs First Amended Complaint adds a non-diverse Defendant, the Magistrate Judge further recommends that the Court remand the above-captioned matter to the 19th Judicial District Court. (Id.). There are no objections to the Report and Recommendation.
Having carefully considered the underlying Petition, the Motion at issue, and related filings, the Court APPROVES the Magistrate Judge's Report and Recommendation, and ADOPTS it as the Court's opinion herein.
Accordingly, IT IS ORDERED that Plaintiffs Motion for Leave to File First Supplemental and Amending Petition for Damages. (Doc. 11) is GRANTED. The Clerk of Court shall enter Plaintiffs proposed First Amending and Supplemental Complaint under a separate docket entry.
IT IS FURTHER ORDERED that the above-captioned action be and is hereby REMANDED to the 19th Judicial District Court, Parish of East Baton Rouge, Louisiana.