Danforth et al v. Liberty Mutual Insurance Company

Filing 28

ORDER adopting 27 Report and Recommendation and granting 15 Plaintiffs' Amended Motion to Remand. This case is remanded to the Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida. The Clerk of Court is DIRECTED to transmit a certified copy of this order to the Polk County, Florida, Clerk of Court. See order for details. Signed by Judge John L. Badalamenti on 6/3/2024. (MAG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
RENA DANFORTH and
CHARLES DANFORTH,
Plaintiffs,
v.

Case No: 8:23-cv-2640-JLB-NHA

LIBERTY MUTUAL INSURANCE
COMPANY, a/k/a THE FIRST LIBERTY
INSURANCE CORPORATION,
Defendant.
_______________________________________/
ORDER
The Magistrate Judge has entered a Report and Recommendation (Doc. 27),
recommending that the Court grant Plaintiffs’ amended motion to remand this case
to state court (Doc. 15), which is now unopposed (Doc. 25). No party has objected to
the Report and Recommendation, and the time to do so has expired.
A district judge “may accept, reject, or modify, in whole or in part,” the
magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). The district
judge must “make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.” Id.
Here, after an independent review of the record, and noting that no objection
has been filed, the Court finds that the Report and Recommendation is due to be
adopted.

Accordingly, it is ORDERED that:
1.

The Report and Recommendation (Doc. 27) is ADOPTED and made
part of this Order for all purposes.

2.

Plaintiffs’ Amended Motion to Remand (Doc. 15), now unopposed (Doc.
25), is GRANTED.

3.

This case is REMANDED to the Circuit Court of the Tenth Judicial
Circuit in and for Polk County, Florida. The Clerk of Court is
DIRECTED to transmit a certified copy of this order to the Polk
County, Florida, Clerk of Court, to terminate any pending motions and
deadlines, and to close this case.

ORDERED at Tampa, Florida on June 3, 2024.

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