Sturn v. State Farm Mutual Automobile Insurance Company

Filing 16

ORDER denying 6 Motion to Remand to State Court; Denying 10 Motion for Attorney Fees; Adopting Report and Recommendations - re 14 Report and Recommendations. Signed by Judge Carlos E. Mendoza on 3/13/2017. (DJD)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION MAJELLA A. STURN, Plaintiff, v. Case No: 6:16-cv-1293-Orl-41GJK STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. / ORDER THIS CAUSE is before the Court on Plaintiff’s Motion for Remand (Doc. 6) and Defendant’s Response and request for attorneys’ fees and costs (Doc. 10). United States Magistrate Judge Gregory J. Kelly issued a Report and Recommendation (Doc. 14), recommending that both the Motion to Remand and the request for fees and costs be denied. After a de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the analysis in the Report and Recommendation. Therefore, it is ORDERED and ADJUDGED as follows: 1. The Report and Recommendation (Doc. 14) is ADOPTED and CONFIRMED and made a part of this Order. 2. Plaintiff’s Motion for Remand (Doc. 6) and Defendant’s request for attorneys’ fees and costs (Doc. 10) are DENIED. 3. Plaintiff’s counsel is cautioned that no further untenable assertions will be countenanced, and repeated misconduct will be met with more than mere written admonishment. Page 1 of 2 DONE and ORDERED in Orlando, Florida on March 13, 2017. Copies furnished to: Counsel of Record Page 2 of 2

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