Ward v. Benthic LLC

Full title: LARRY WARD v. BENTHIC USA LLC, et al

Court: United States District Court, Southern District of Texas

Date published: Jul 7, 2023

Civil Action 4:22-2974 (S.D. Tex. Jul. 7, 2023)

Opinion

Civil Action 4:22-2974

07-07-2023

LARRY WARD v. BENTHIC USA LLC, et al

ANDREW S. HANEN UNITED STATES DISTRICT JUDGE

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION

ANDREW S. HANEN UNITED STATES DISTRICT JUDGE

Pending before the Court in the above referenced proceeding is Plaintiff s Motion to Remand this case to the 125^th Judicial District of Harris County, Texas (Doc. No. 16); Defendants' Response (Doc. No. 23); Plaintiffs Reply (Doc. No. 24); and Judge Sheldon's Memorandum and Recommendation (Doc. No. 39) that the Court grant the Motion to Remand be denied. Plaintiff filed objections (Doc. No. 42) to Judge Sheldon's Memorandum and Recommendation and Defendants filed a Response to Plaintiffs objections (Doc. No. 44).

The Court has carefully reviewed, de novo, the filings, the applicable law, the Magistrate Judge's Memorandum and Recommendation, and the objections and response thereto, and agrees with the Magistrate Judge's conclusion that removal of Plaintiff s claim does not disturb any balance between federal and state judicial responsibilities because the common law questions that require resolution are properly before this court on the basis of diversity jurisdiction. Accordingly, it is hereby

ORDERED that Plaintiffs Objections (Doc. No. 42) are OVERRULED; the Memorandum and Recommendation (Doc. No. 39) is ADOPTED; and Plaintiffs Motion to Remand this case to the 125^th Judicial District of Harris County, Texa (Doc. No. 16) is DENIED.