Ryals et al v. Wal-Mart Stores East, L.P.(JOINT ASSIGN)(MAG2)

Filing 25

ORDER: It is the ORDER, JUDGMENT, and DECREE of the court that: (1) The objections (doc. no. 21 ) are overruled. (2) The magistrate judges recommendation (doc. no. 19 ) is adopted. (3) Plaintiffs motion to remand (doc. no. 11 ) is granted. (4) Pur suant to 28 U.S.C. 1447(c), this cause isremanded to the Circuit Court of Pike County, Alabama. (5) The remaining pending motion is left for resolution by the state court. The clerk of the court is DIRECTED to take appropriate steps to effect the remand. This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 12/8/2016. Copy furnished to Clerk, Circuit Court of Pike County, AL. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
BRENDA RYALS and ALLEN
RYALS,
Plaintiffs,
v.
WAL-MART STORES EAST,
L.P.,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.
2:16cv580-MHT
(WO)

ORDER
Plaintiffs filed this case in state court seeking
damages

for

negligence

and

loss

of

consortium,

defendant removed to this federal court.

and

This lawsuit

is now before the court on the recommendation of the
United States Magistrate Judge that plaintiffs’ motion
to remand be granted and that the case be remanded to
state court for lack of subject-matter jurisdiction.
Also

before

the

court

are

the

objections to the recommendation.

removing

defendant’s

After an independent

and de novo review of the record, the court concludes

that

the

objections

should

be

overruled

and

the

magistrate judge’s recommendation adopted.
***
Accordingly, it is the ORDER, JUDGMENT, and DECREE
of the court that:
(1) The objections (doc. no. 21) are overruled.
(2) The magistrate judge’s recommendation (doc. no.
19) is adopted.
(3) Plaintiffs’ motion to remand (doc. no. 11) is
granted.
(4) Pursuant to 28 U.S.C. § 1447(c), this cause is
remanded to the Circuit Court of Pike County, Alabama.
(5)

The

remaining

pending

motion

is

left

for

resolution by the state court.
The

clerk

of

the

court

is

DIRECTED

to

take

appropriate steps to effect the remand.
This case is closed in this court.
DONE, this the 8th day of December, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE