Green Tree Servicing, LLC v. Flowers, et al.(MAG+)

Filing 9

OPINION AND ORDER directing that the magistrate judge's recommendation (doc. no. 8 ) is adopted; that the plaintiff's motion to remand (doc. no. 4 ) is granted; and that, pursuant to 28 U.S.C. § 1447(c), this cause is remanded to t he Circuit Court of Dale County, Alabama; the clerk of the court is DIRECTED to take appropriate steps to effect the remand. Signed by Honorable Judge Myron H. Thompson on 01/12/2015. (Certified copy of this order mailed to Clerk of Court, Dale County Circuit Court) (scn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION GREEN TREE SERVICING LLC, as servicer for the Bank of New York Mellon Trust Company, N.A., as Trustee for BCMSC Securitization Trust 1999-B, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. THOMAS C. FLOWERS and SHERRY CARRUTHERS, Defendants. CIVIL ACTION NO. 1:14cv1140-MHT (WO) OPINION AND ORDER Plaintiff involving defendants a filed this lawsuit dispute over a removed the case mobile to in state home, federal and court. court the The United States Magistrate Judge ordered the defendants to show cause why plaintiff’s motion to remand should not be granted and why this case should not be remanded to state court. The defendants did not respond. This lawsuit is now before the court on the recommendation of the magistrate judge that plaintiff’s remand motion should be granted and case remanded to state court for lack of subject-matter jurisdiction and for failure to comply with the removal requirements found in 28 U.S.C. § 1441(b)(2) and 28 U.S.C. § 1446(b)(2)(a). There are no After objections to the recommendation. an independent and de novo review of the record, the court concludes that the magistrate judge’s recommendation should be adopted. *** Accordingly, it is the ORDER, JUDGMENT, and DECREE of the court that the magistrate judge’s recommendation (doc. no. 8) is adopted; that the plaintiff’s motion to remand (doc. no. 4) is granted; and that, pursuant to 28 U.S.C. § 1447(c), this cause is Circuit Court of Dale County, Alabama. 2 remanded to the The clerk of the court is DIRECTED to appropriate steps to effect the remand. This case is closed in this court. DONE, this the 12th day of January, 2015. /s/ Myron H. Thompson____ UNITED STATES DISTRICT JUDGE take

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