Keshock et al v. Metabowerke GMBH et al

Filing 44

ORDER, Plfs' Cross-Objections to the R&R are stricken as untimely. 39 MOTION to Strike, 42 MOTION to Strike are GRANTED. 36 Report & Recommendation is ADOPTED. Plfs' 14 MOTION to Remand is GRANTED, & this case is REMANDED to the Circuit Court of Mobile County, Alabama, as set out. Signed by Senior Judge Callie V.S. Granade on 3/9/2016. (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MICHAEL KESHOCK, et al, Plaintiff, vs. METABOWERKE GMBH, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 15-0345-CG-N ORDER This matter is before the Court on the Report and Recommendation (R&R) of the Magistrate Judge (Doc. 36), Metabo Defendants’ Objection to the R&R and Memorandum in support (Docs. 37, 41), Plaintiffs’ Response to the Objection and Cross-Objections to the R&R (Doc. 38), Defendants Perciavalle, Bell and Blankenfeld’s Motion to Strike Plaintiffs’ Cross-Objections (Doc. 39), Plaintiffs’ Response in Opposition to the Motion to Strike (Doc. 40), Metabo Defendants’ Motion to Strike Plaintiffs’ Cross-Objection (Doc. 42), and Metabo Defendants’ Response to Plaintiffs’ Cross-Objection (Doc. 43). After due and proper consideration of the issues raised, the Court finds that Plaintiffs’ Cross-Objections to the R&R are due to be stricken as untimely, and hereby GRANTS the motions to strike (Docs. 39 & 42). Further, upon a de novo consideration of those portions of the recommendation to which objection is made, the recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated September 25, 2015, is ADOPTED as the opinion of this Court. The Plaintiffs’ Motion to Remand (Doc. 14) is GRANTED, and as such, this case is REMANDED to the Circuit Court of Mobile, County, Alabama, from whence it came. DONE and ORDERED this 9th day of March, 2016. /s/ Callie V. S. Granade SENIOR UNITED STATES DISTRICT JUDGE 2

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