Benton v. Safeway Insurance Company of Alabama, Inc. (MAG2)

Filing 19

OPINION and ORDER directing that it is the ORDER, JUDGMENT, and DECREE of the court that: (1) the 18 Report and Recommendation of the Magistrate Judge is adopted; (2) plf's 14 motion to remand is granted; (3) this cause is remanded to the Circuit Court of Chambers 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 5/31/17. Furnished to calendar group & AG (terminates Pretrial Conference 04/05/2018; Jury Trial 05/07/2018). Certified copy mailed to Clerk Circuit Court of Chambers County, AL.(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
LASHONDA BENTON,
Plaintiff,
v.
SAFEWAY INSURANCE COMPANY
OF ALABAMA, INC.,
Defendant.

)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.
3:17cv95-MHT
(WO)

OPINION AND ORDER
Plaintiff filed this lawsuit in state court against
defendant,
defendant
coverage

an

insurance

wrongfully
after

an

company,

failed

automobile

to

alleging

provide

accident,

insurance

and

misrepresentation, fraud, and suppression.

that

claiming

Defendants

removed this case to federal court, claiming that the
court
§ 1332.
now

has

diversity

jurisdiction.

Plaintiff moved to remand.

before

the

court

on

the

See

28

U.S.C.

This lawsuit is

recommendation

of

the

United States Magistrate Judge that plaintiff’s remand
motion be granted 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.
18) is adopted.
(2) Plaintiff’s motion to remand (doc. no. 14) is
granted.
(3) This cause is remanded to the Circuit Court of
Chambers County, Alabama.
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 31st day of May, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE