GIBSON v. SPEEDWAY LLC

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)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
ROBERT GIBSON,

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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
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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.
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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.

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