Bank of Franklin v. SE Property Holdings, LLC

Filing 29

ORDER ADOPTING 26 REPORT AND RECOMMENDATIONS re 8 MOTION to Remand filed by Bank of Franklin with the following exceptions: 1) the last paragraph of the section captioned "II. Standard of Review" is STRICKEN; 2) footnote 2 is STRICKEN. Accordingly, the motion to remand is DENIED.. Signed by Judge Kristi K. DuBose on 4/27/2015. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BANK OF FRANKLIN,
Plaintiff,
v.
SE PROPERTY HOLDINGS, LLC,
Defendant.

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CIVIL ACTION NO. 15-00016-KD-B

ORDER
This action is before the Court on the plaintiff Bank of Franklin’s motion to
remand and brief in support, the response filed by defendant SE Property Holdings,
LLC (SEPH), Bank of Franklin’s reply, the report and recommendation wherein the
Magistrate Judge recommends denying the motion to remand, and the objection filed
by SEPH (docs. 8, 9, 19, 24, 26, 27).
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 recommendation
to which objection is made, the report and recommendation of the Magistrate Judge,
made under 28 U.S.C. § 636(b)(1)(B) and dated March 31, 2015, is ADOPTED as the
opinion of this Court, with the following exceptions:
1) The last paragraph of the section captioned “II. Standard of Review” is
STRICKEN; and
2) Footnote 2 is STRICKEN.
Accordingly, Bank of Franklin’s motion to remand is DENIED.
DONE and ORDERED this 27th day of April 2015.
s / Kristi K DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE