Sima Properties, L.L.C. v. Cooper et al

Filing 18

ORDER: It is ORDERED that (1) The 17 Recommendation of the Magistrate Judge is ADOPTED; (2) Plaintiff's 5 Motion to Remand is GRANTED; (3) This case is REMANDED to the Circuit Court of Montgomery County, Alabama for lack of subject matter j urisdiction; and (4) Plaintiff's request for attorney's fees and costs under § 1447(c) is DENIED. The Clerk of the Court is DIRECTED to take the steps necessary to effectuate the remand. Signed by Chief Judge William Keith Watkins on 6/29/2016. Copy mailed to Clerk, Circuit Court of Montgomery County, AL. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
SIMA PROPERTIES, L.L.C.,
Plaintiff,
v.
JOHN R. COOPER, in his official
capacity as Director of the
Alabama Department of
Transportation, et al.,
Defendants.

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CASE NO. 2:16-CV-163-WKW

ORDER
On June 9, 2016, the Magistrate Judge filed a Recommendation to which no
timely objections have been filed. (Doc. # 17.) Upon an independent review of the
file and upon consideration of the Recommendation, it is ORDERED that
(1)

The Recommendation is ADOPTED;

(2)

Plaintiff’s Motion to Remand (Doc. # 5) is GRANTED;

(3)

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

Alabama, for lack of subject matter jurisdiction; and
(4)
DENIED.

Plaintiff’s request for attorney’s fees and costs under § 1447(c) is

The Clerk of the Court is DIRECTED to take the steps necessary to effectuate
the remand.
DONE this 29th day of June, 2016.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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