Smith v. Autauga Northern Railroad, LLC et al (JOINT ASSIGN)(MAG2)

Filing 34

OPINION AND ORDER: it is the ORDER, JUDGMENT, and DECREE of the court that: (1) the 26 REPORT AND RECOMMENDATION of the Magistrate Judge is adopted; (2) plf's 20 supplemental Motion for Leave to amend the complaint is granted; (3) plf&# 039;s 15 Motion to Remand is granted; (4) plf's 18 Motion for Leave to amend complaint and supplement to motion to remand is denied as moot; (5) this cause is remanded to the Circuit Court of Chilton County, AL; directing the clerk to take appropriate steps to effect the remand; this case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 12/7/17. Certified copy mailed to Circuit Court Clerk of Chilton County.(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

GARY L. SMITH,

)
)
Plaintiff,
)
)
v.
)
)
AUTAUGA NORTHERN RAILROAD, )
LLC, et al.,
)
)
Defendants.
)

CIVIL ACTION NO.
2:17cv339-MHT
(WO)

OPINION AND ORDER
Plaintiff, who suffered injuries when a train hit
the car he was travelling in, filed this lawsuit in
state court seeking damages arising from the accident.
After

defendants

removed

the

case

to

federal

court,

plaintiff moved for leave to amend his complaint to
name the train’s engineer as a defendant and to remand
the case to state court.

This lawsuit is now before

the court on the recommendation of the United States
Magistrate

Judge

that

plaintiff

be

granted

leave

to

file an amended complaint and that the case be remanded
to state court for lack of subject-matter jurisdiction.

There are no objections 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 magistrate judge’s recommendation (doc. no.
26) is adopted.
(2) Plaintiff’s supplemental motion for leave to
amend the complaint (doc. no. 20) is granted.
(3) Plaintiff’s motion to remand (doc. no. 15) is
granted.
(4) Plaintiff’s motion for leave to amend complaint
and supplement to motion to remand (doc. no. 18) is
denied as moot.
(5) This cause is remanded to the Circuit Court of
Chilton County, Alabama.

2

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 7th day of December, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE