Stalley v. R.J. Reynolds Tobacco Company et al

Filing 25

ORDER adopting 21 REPORT AND RECOMMENDATIONS re 13 MOTION to remand to State Court filed by Douglas Stalley. The case is remand to state court and the Clerk of Court shall close this case. Signed by Judge Elizabeth A. Kovachevich on 4/8/2016. (SN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DOUGLAS STALLEY etc.,
Plaintiff,

vs.

Case No. 8:15-CV-2496-T-EAK-TBM

R.J.REYNOLDS TOBACCO
COMPANY, et al.,
Defendants.
______________________________________/
This cause comes before the Court for consideration of Plaintiff's Motion to
Remand to State Court and for Attorneys’ Fees. (Dkt. 13). This motion, along with
motions in four related cases, was considered by the United States Magistrate Judge, after
this Court referred it for a report and recommendation. (Dkt. 18). Magistrate Judge
Jenkins has filed her report recommending that the case be remanded to state court and
that Plaintiff’s request for attorneys’ fees be denied. (Dkt. 21) The recommendation is
consistent to the resolution of similar cases filed in the Orlando Division of this Court.
The parties were furnished copies of the Report and Recommendation and were
afforded the opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). Objections
to the Magistrate Judge’s Report were filed by Defendants on March 1, 2016 (Dkt. 22),
and a response thereto was filed by Plaintiff on March 15, 2016 (Dkt. 23). Upon
consideration of the Report and Recommendation, as well as the objections and response
to the objections, and upon this Court’s independent examination of the file, including
Plaintiff’s motion to remand and Defendants’ response, it is determined that the Report

and Recommendation should be adopted. Accordingly, it is
ORDERED that the Magistrate Judge’s Report and Recommendation (Dkt. 18) is
adopted and incorporated by reference in this Order of the Court; the motion to remand is
GRANTED; Plaintiff’s motion for attorneys’ fees is DENIED; and the Clerk is directed
to remand this case to the Thirteenth Judicial Circuit in and for Hillsborough County,
Florida, to terminate all pending motions, and to close the case.
DONE and ORDERED in Chambers, in Tampa, Florida, this 8th day of April,
2016.

Copies to: All Parties and Counsel of Record