HNH Works, Inc. v. Ohio National Life Assurance Corporation et al (JOINT ASSIGN)(MAG2)

Filing 35

ORDER that: (1) Defendants 34 Objections are OVERRULED; (2) The 32 Recommendation is ADOPTED; (3) Plaintiffs 11 Motion to Remand is GRANTED; and (4) This case is REMANDED to the Circuit Court of Bullock County, Alabama, for lack of subject mat ter jurisdiction at the time of removal. The Clerk of the Court is DIRECTED to take the steps necessary to effectuate the remand. Signed by Chief Judge William Keith Watkins on 6/6/2016. (Attachments: # 1 Civil Appeals Checklist) Copy mailed to Clerk, Circuit Court of Bullock County, AL. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
HNH WORKS, INC.,
Plaintiff,
v.
OHIO NATIONAL LIFE
ASSURANCE CORP., et al.,
Defendants.

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CASE NO. 2:16-CV-86-WKW

ORDER
On April 28, 2016, the Magistrate Judge filed a Recommendation (Doc. # 32)
to which Defendant Ohio National Life Assurance Corporation timely filed
objections (Doc. # 34). The court has conducted an independent and de novo review
of those portions of the Recommendation to which objections are made, see 28
U.S.C. § 636(b)(1). The court concludes that the objections are without merit and
that the Magistrate Judge’s Recommendation is due to be adopted.
Accordingly, it is ORDERED that:
(1)

Defendant’s objections (Doc. # 34) are OVERRULED;

(2)

The Recommendation (Doc. # 32) is ADOPTED;

(3)

Plaintiff’s Motion to Remand (Doc. # 11) is GRANTED; and

(4)

This case is REMANDED to the Circuit Court of Bullock County,

Alabama, for lack of subject matter jurisdiction at the time of removal.

The Clerk of the Court is DIRECTED to take the steps necessary to effectuate
the remand.
DONE this 6th day of June, 2016.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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