Filing 24

ORDER adopting Magistrate Judge's 20 Report and Recommendations and granting 9 Motion to Remand. Signed by Judge Richard L. Young on 9/23/2015. (TMD)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ROBERT GIBSON, ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. SPEEDWAY LLC, and PRESTIGE LAWN SOLUTIONS, LLC, Defendants. 1:15-cv-00704-RLY-DML ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Robert Gibson, Plaintiff, filed this personal injury action against Speedway LLC, Defendant, in Marion County Superior Court on February 24, 2015. Defendant removed the action to this court on May 1, 2015 based upon diversity jurisdiction. Through Defendant’s responses to interrogatories, Plaintiff learned of an additional entity that he sought to name as a co-defendant. Plaintiff subsequently moved to amend his Complaint to include Prestige Lawn Solutions, LLC and also to remand this case back to Marion County Superior Court because Prestige would eliminate diversity among the parties. The court referred the matter to the Magistrate Judge, who issued her Report and Recommendation. The Magistrate Judge issued an order granting Plaintiff’s motion to amend his Complaint, and therefore recommended that this court grant Plaintiff’s motion to remand based upon the lack of subject matter jurisdiction. Neither party objects. Consequently, the court reviews the Report and Recommendation for clear error. Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999). After reviewing the 1 record, the Report and Recommendation, and the relevant case law, this court is satisfied that the Magistrate Judge did not commit clear error. Therefore, the court ADOPTS the Magistrate Judge’s Report and Recommendation and REMANDS this case to Marion Superior Court. SO ORDERED this 23rd day of September 2015. _________________________________ __________________________________ RICHARD L. YOUNG, CHIEF JUDGE RICHARD L. YOUNG, CHIEF United States District Court JUDGE United States District Court Southern District of Indiana Southern District of Indiana Distributed Electronically to Registered Counsel of Record. 2

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