Aust et al v. The Terminix International Company, LP et al

Filing 34

ORDER ADOPTING 27 REPORT AND RECOMMENDATIONS re 8 MOTION to Remand filed by Jerold Aust, Mary Anne Aust. This action is REMANDED to the Circuit Court of Mobile County, Alabama. Signed by Judge Kristi K. DuBose on 5/13/2014. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JEROLD AUST and MARY ANN AUST, Plaintiffs, ) ) ) v. ) ) THE TERMINIX INTERNATIONAL ) COMPANY, LP, TERMINIX ) INTERNATIONAL, INC., and KEN STROH, ) Defendants. ) CIVIL ACTION NO. 13-00629-KD-B ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation (Doc. 27) to which objection (Docs. 31-32) is made, the Report and Recommendation (Doc. 27) of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated April 25, 2014, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that the Plaintiffs’ Motion to Remand (Doc. 8) is GRANTED and that this case is REMANDED to the Circuit Court of Mobile County, Alabama.1 DONE and ORDERED this the 13th day of May 2014. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 1 Thus, all other pending motions (Docs. 15, 20, 25) are MOOT.

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