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)

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.

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DONE and ORDERED in Orlando, Florida on March 13, 2017.

Copies furnished to:
Counsel of Record

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