McGuire et al v. Komar Screw Corporation et al

Filing 21

ORDER adopting 20 Report and Recommendations; further denying 12 Motion to Transfer Case. Signed by Honorable P. K. Holmes, III on January 3, 2017. (hnc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
BRYAN McGUIRE and
DANA McGUIRE
v.

PLAINTIFFS
Case No. 2:16-CV-02198

KOMAR SCREW CORPORATION
and
MARVIN KOCIAN

DEFENDANTS
ORDER

The Court has received the proposed report and recommendation (Doc. 20) from United
States Magistrate Judge Mark E. Ford. No objections have been filed. The Court has conducted
a careful review of the report and recommendation that recommends denial of the Defendants’
motion to transfer case to the Arkansas Workers Compensation Commission or dismiss
Plaintiffs’ complaint (Doc.12).

After reviewing the record de novo, the Court finds the

Magistrate’s reasoning to be sound and that the report and recommendation should be adopted.
The Court therefore concludes that the report and recommendation should be, and hereby
is, approved and adopted, and the Court DENIES Defendants’ motion to transfer case to the
Arkansas Workers Compensation Commission and DENIES the motion to dismiss the Plaintiffs’
complaint (Doc. 12). Further, the Court REMANDS the case to the Circuit Court of Sebastian
County, Arkansas for further proceedings before that Court.

A judgment will be entered

accordingly.
IT IS SO ORDERED this 3rd day of January, 2017.

s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE