Jones v. State Farm Fire and Casualty Company et al
OPINION AND ORDER: It is the ORDER, JUDGMENT, and DECREE of the court that: (1) Defendants' 22 Objection is overruled. (2) The magistrate judge's 21 Recommendation is adopted. (3) Plaintiff's 12 Motion to Remand is granted. (4) P ursuant to 28 U.S.C. 1447(c), this cause is remanded to the Circuit Court of Montgomery County, Alabama. (5) All other pending motions are left for resolution by the state court. The clerk of the court is DIRECTED to takeappropriate steps to effect the remand. This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 8/23/2016. (Attachments: # 1 Civil Appeals Checklist) Copy mailed to Clerk, Circuit Court of Montgomery County, AL. (dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
STATE FARM FIRE AND
CASUALTY COMPANY and
CIVIL ACTION NO.
OPINION AND ORDER
Plaintiff filed this lawsuit in state court naming
as defendants the insurance company that had issued her
an insurance policy and the individual insurance agent
breach of contract, bad—faith denial of her insurance
Defendants removed this case to federal court, claiming
that the court has diversity jurisdiction because the
insurance agent was fraudulently joined.
See 28 U.S.C.
Plaintiff moved to remand.
This lawsuit is
Also before the court is the defendants’
objection to the recommendation.
After an independent
and de novo review of the record, the court concludes
that the magistrate judge’s recommendation should be
Accordingly, it is the ORDER, JUDGMENT, and DECREE
of the court that:
(2) The magistrate judge’s recommendation (doc. no.
21) is adopted.
(3) Plaintiff’s motion to remand (doc. no. 12) is
(4) Pursuant to 28 U.S.C. § 1447(c), this cause is
resolution by the state court.
appropriate steps to effect the remand.
This case is closed in this court.
DONE, this the 23rd day of August, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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