Edwards v. G.A. Braun, Inc. et al

Filing 28

ORDER ADOPTING 27 REPORT AND RECOMMENDATION. Plf's 9 MOTION to Remand is GRANTED, Plf's request for attny's fees is DENIED, & Dft Stiles 7 MOTION to Dismiss & Plf's 23 MOTION for Leave to File Amended Complaint are to be deemed MOOT. The Clerk is directed to take steps necessary to transfer this action to the Circuit Ct. of Dallas Co., Alabama, from whence it was removed. Signed by Judge Callie V. S. Granade on 2/21/2013. (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION LESTER EDWARDS, as the Administrator of the Estate of Christine Johnson, Plaintiff, vs. G. A. BRAUN, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 12-0160-CG-B ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that Plaintiff’s Motion to Remand (Doc. 43) is hereby GRANTED, Plaintiff’s request for attorney’s fees is DENIED, and that Defendant Stiles’ Motion to Dismiss (Doc. 7) and Plaintiff’s Motion for Leave to Amend (Doc. 23) are deemed to be MOOT. The clerk of court is directed to take such steps as are necessary to transfer this action to the Circuit Court of Dallas County, Alabama from whence it was removed. DONE and ORDERED this 21st day of February, 2013. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE

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