US Bank National Association v. Deandrade et al

Filing 28

ORDER adopting 27 REPORT AND RECOMMENDATION; granting 22 Amended MOTION to Remand and for Attorney's Fees and Costs; remanding the case to the Ninth Judicial Circuit; awarding attorney's fees to Plaintiff; directing the Clerk to close the file after the case has been remanded. Signed by Judge John Antoon II on 9/12/2012. (BRS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
US BANK NATIONAL ASSOCIATION,
as Trustee for J.P. Morgan Mortgage
Acquisition Trust 2006-WFI,
Plaintiff,
-vs-

Case No. 6:12-cv-1054-Orl-28DAB

ARLETTE DE ANDRADE, ET AL.,
Defendants.
_____________________________________/

ORDER
This case is before the Court on Plaintiff’s Amended Motion For Remand and For An
Award of Attorney’s Fees and Costs (Doc. No. 22) filed August 3, 2012. The United States
Magistrate Judge has submitted a report recommending that the motion be granted.
After an independent de novo review of the record in this matter, and noting that no
objections were timely filed, the Court agrees entirely with the findings of fact and
conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as
follows:
1.

That the Report and Recommendation filed August 23, 2012 (Doc. No. 27) is

ADOPTED and CONFIRMED and made a part of this Order.
2.

Plaintiff’s Amended Motion For Remand and For An Award of Attorney’s Fees

and Costs (Doc. No. 22) is GRANTED.
3.

This case is remanded to the Ninth Judicial Circuit In and For Osceola County,

Florida, case number 2009-CA-4357-MF.

4.

Plaintiff is awarded attorney’s fees from Defendant Arlette De Andrade for her

improvident removal of this case in the amount of $750.00.
5.

The Clerk of the Court is directed to remand this case as set forth above and

to thereafter close this file.
DONE and ORDERED in Chambers, Orlando, Florida this 12th day of September,
2012.

Copies furnished to:
United States Magistrate Judge
Counsel of Record
Unrepresented Party

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