Autry et al v. Liberty Mutual Group, Inc.

Filing 15

ORDER ADOPTING IN PART 13 REPORT AND RECOMMENDATIONS re 8 MOTION to Remand filed by Michael Autry, Lakisha Autry and 2 Motion to Dismiss. The motion to remand is granted and this matter be remanded to the Circuit Court of Wilc ox County, Alabama. The Court lacks subject-matter jurisdiction to rule on the Defendant's 2 MOTION to Dismiss filed by Liberty Mutual Group, Inc. and thus, that portion of the Recommendation is not adopted. Signed by Judge Kristi K. DuBose on 12/7/2012. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
MICHAEL and LAKISHA AUTRY,
Plaintiffs,

:
:

v.

:

LIBERTY MUTUAL GROUP, INC.,

:

Defendant.

CA 2:12-00509-KD-C

:
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 recommendation of the Magistrate Judge made under 28 U.S.C. §
636(b)(l)(B) and dated November 16, 2012 is ADOPTED as the opinion of this Court with
regard to the Motion to Remand but not as to the Motion to Dismiss.
Accordingly, it is ORDERED that the Plaintiff’s Motion to Remand (Doc. 8) is
GRANTED and this matter is hereby REMANDED to the Circuit Court of Wilcox County,
Alabama from whence it came.
However, the Court lacks subject-matter jurisdiction to rule on the Defendant’s Motion to
Dismiss (Doc. 2) and thus, that portion of the Recommendation is not adopted.
DONE and ORDERED this the 7th day of December 2012.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE