Simpson et al v. Primerica Life Insurance, Co. et al

Filing 20

OPINION AND ORDER: Accordingly, it is the ORDER, JUDGMENT, and DECREE of the court that: (1) The objection (doc. no. 18 ) is overruled. (2) The magistrate judges recommendation (doc. no. 17 ) is adopted. (3) The plaintiffs motion to remand (doc. no. 7 ) is granted. (4) Pursuant to 28 U.S.C. § 1447(c), this cause is remanded to the Circuit Court of Montgomery County, Alabama. 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 6/30/2017. (kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
CHARLENE HAYES SIMPSON and )
JOISHA ARTOR SIMPSON,
)
)
Plaintiffs,
)
)
v.
)
)
PRIMERICA LIFE INSURANCE
)
CO., and ROBERT NELSON,
)
individually and in his
)
official capacity,
)
)
Defendants.
)

CIVIL ACTION NO.
2:16cv701-MHT
(WO)

OPINION AND ORDER
Plaintiffs
asserting

filed

that

this

lawsuit

defendants,

in

without

state

court

authorization,

withdrew funds from plaintiffs’ bank account, and that
this withdrawal led ultimately to the repossession of
plaintiffs’ vehicle.

Defendants removed this case to

federal court on the basis of diversity jurisdiction.
This

lawsuit

is

now

before

the

court

on

the

recommendation of the United States Magistrate Judge
that the plaintiffs’ remand motion be granted and that
the

case

be

remanded

to

subject-matter jurisdiction.

state

court

for

lack

of

Also before the court is

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 adopted.
***
Accordingly, it is the ORDER, JUDGMENT, and DECREE
of the court that:
(1) The objection (doc. no. 18) is overruled.
(2) The magistrate judge’s recommendation (doc. no.
17) is adopted.
(3) The plaintiffs’ motion to remand (doc. no. 7)
is granted.
(4) Pursuant to 28 U.S.C. § 1447(c), this cause is
remanded

to

the

Circuit

Court

of

Montgomery

is

DIRECTED

County,

Alabama.
The

clerk

of

the

court

to

take

appropriate steps to effect the remand.
This case is closed in this court.
DONE, this the 30th day of June, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE