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)

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

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