Chappell v. Texas Steakhouse of Alabama, Inc. et al

Filing 22

OPINION AND ORDER: It is the ORDER, JUDGMENT, and DECREE of the court that: 1. The 21 Recommendation of the Magistrate Judge is adopted. 2. Plaintiff Kerry Chappells 13 Motion to remand is denied. 3. Movant Colony Specialty Insurance Companys 3 Motion to realign is granted. 4. The clerk of court is to re-designate Texas Steakhouse of Alabama, Inc., and B.A.T.S. Security as plaintiffs and Colony Specialty Insurance Company as a defendant. Plaintiff Chappell is to remain a plaintiff. This case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 6/16/2016. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION KERRY CHAPPELL, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. TEXAS STEAKHOUSE OF ALABAMA, INC; et al., Defendants. CIVIL ACTION NO. 2:16cv140-MHT (WO) OPINION AND ORDER Pending before the court is the recommendation of the United States Magistrate Judge that the plaintiff Kerry Chappell’s motion to remand be denied and that movant Colony Specialty Insurance Company’s motion to realign be granted. No objections have been filed. Upon an independent and de novo review of the record and upon consideration of the recommendation, it is the ORDER, JUDGMENT and DECREE of the court that: 1. The recommendation (doc. no. 21) is adopted. of the magistrate judge 2. Plaintiff Kerry Chappell’s motion to remand (doc. no. 13) is denied. 3. Movant Colony Specialty Insurance Company’s motion to realign (doc. no. 3) is granted. 4. The clerk of court is to re-designate Texas Steakhouse of Alabama, Inc., and B.A.T.S. Security as plaintiffs and Colony Specialty Insurance Company as a defendant. Plaintiff Chappell is to remain a plaintiff. This case is referred back to the magistrate judge for further proceedings. DONE, this the 16th day of June, 2016. /s/ Myron H. Thompson____ UNITED STATES DISTRICT JUDGE

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