Condit v. RailAmerica, Inc.

Filing 29

ORDER ADOPTING 27 REPORT AND RECOMMENDATIONS re 13 MOTION to Remand to State Court and For an Award of Attorney Fees with Costs filed by Joseph Condit. The motion to remand is granted and the motion for award of fees with costs is denied. The Clerk is to remand this action to the Circuit Court of Wilcox County, Alabama from whence it was improperly removed. Signed by Judge Kristi K. DuBose on 2/10/12. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION JOSEPH CONDIT, Plaintiff, v. RAILAMERlCA, INC., Defendant. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:11-00602-KD-N 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 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 January 24, 2012, is ADOPTED as the opinion of this Court and it is ORDERED that plaintiff’s motion to remand is GRANTED but that plaintiff’s motion for attorney’s fees with costs is DENIED. The Clerk is hereby directed to take such steps as are necessary to transfer this case to the Circuit Court of Wilcox County, Alabama, from whence it was improperly removed. DONE this 10th day of February, 2012. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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