Childers v. Life of the South Insurance Company (JOINT ASSIGN)

Filing 18

ORDERED that: (1) Defendant' Objections (Doc. # 16 ) are OVERRULED; (2) The Recommendation (Doc. # 15 ) is ADOPTED; (3) Plaintiff's Motion to Amend Complaint (Doc. # 8 ) is GRANTED; (4) Plaintiff is ORDERED to file the First Amended Comp laint (Doc. # 8 -1) by June 24, 2016; (5) Effective June 25, 2016, this case is REMANDED to the Circuit Court of Tallapoosa County, Alabama, for lack of subject matter jurisdiction; and (6) Because this court lacks subject matter jurisdiction, it declines to enter a decision on Defendant's Motion to Dismiss (Doc. # 3 ), which shall remain pending for adjudication by the state court. Signed by Chief Judge William Keith Watkins on 6/20/2016. (kh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
BILLIE CHILDERS,

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Plaintiff,
v.
LIFE OF THE SOUTH
INSURANCE COMPANY,
Defendant.

CASE NO. 3:16-CV-78-WKW

ORDER
On April 18, 2016, the Magistrate Judge filed a Recommendation (Doc. # 15)
to which Defendant Life of the South Insurance Company timely filed objections
(Doc. # 16). Plaintiff filed a Response to Defendant’s objections. (Doc. # 17.) The
court has conducted an independent and de novo review of those portions of the
Recommendation to which objections are made, see 28 U.S.C. § 636(b)(1). The
court concludes that the objections are without merit and that the Magistrate Judge’s
Recommendation is due to be adopted.
Accordingly, it is ORDERED that:
(1)

Defendant’s Objections (Doc. # 16) are OVERRULED;

(2)

The Recommendation (Doc. # 15) is ADOPTED;

(3)

Plaintiff’s Motion to Amend Complaint (Doc. # 8) is GRANTED;

(4)

Plaintiff is ORDERED to file the First Amended Complaint (Doc.

# 8-1) by June 24, 2016;
(5)

Effective June 25, 2016, this case is REMANDED to the Circuit Court

of Tallapoosa County, Alabama, for lack of subject matter jurisdiction; and
(6)

Because this court lacks subject matter jurisdiction, it declines to enter

a decision on Defendant’s Motion to Dismiss (Doc. # 3), which shall remain pending
for adjudication by the state court.
The Clerk of the Court is DIRECTED to take the steps necessary to effectuate
the remand.
DONE this 20th day of June, 2016.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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