Wicked, LLC v. Yacht Management South Florida, Inc.

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATION: The Report and Recommendations, DE 19 is hereby ADOPTED and APPROVED. Plaintiff's Motion to Remand DE 11 is GRANTED. Defendants Motion to Amend [DE 12] is DENIED. The Clerk is directed to REMAND this case to state court and CLOSE this case. Certificate of Appealability: No Ruling Signed by Judge William P. Dimitrouleas on 11/17/2022. See attached document for full details. (mab)

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Case 0:22-cv-61127-WPD Document 21 Entered on FLSD Docket 11/17/2022 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 22-61127-CIV-DIMITROULEAS WICKED, LLC, an Ohio limited liability company, v. Plaintiff, YACHT MANAGEMENT SOUTH FLORIDA, INC., a Florida corporation Defendant. _____________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION THIS CAUSE is before the Court on Plaintiff's Motion to Transfer to State Court (“Motion to Remand”) [DE 11], Defendant’s Motion to Amend Notice of Removal (“Motion to Amend”) [DE 12] and the November 3, 2022 Report and Recommendation of Magistrate Judge Patrick M. Hunt (the “Report”) [DE 19]. The Report recommends that the Court grant Plaintiff’s Motion to Remand and remand the action to state court. See [DE 19]. The Report also recommends that the Court deny Defendant’s Motion to Amend. See id. On November 16, 2022, Defendant filed a notice of nonobjection to the Report. See [DE 20]. Although Defendant has indicated its non-objection to the Report, the Court has conducted a de novo review of the Report [DE 19] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s analysis and conclusions that the Motion to Remand should be granted and the Motion to Amend should be denied. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report [DE 19] is hereby ADOPTED and APPROVED. Case 0:22-cv-61127-WPD Document 21 Entered on FLSD Docket 11/17/2022 Page 2 of 2 2. Plaintiff’s Motion to Remand [DE 11] is GRANTED. 3. Defendant’s Motion to Amend [DE 12] is DENIED. 4. The Clerk is directed to REMAND this case to state court, CLOSE this case, and DENY all pending motions as moot. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 17th day of November, 2022. Copies furnished to: Counsel of Record

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