HIPPS v. BIGLARI HOLDINGS, INC. et al

Filing 66

CLOSED REMANDED to Hamilton County Superior Court;, ORDER ADOPTING REPORT AND RECOMMENDATIONS for 11 Motion to Remand filed by JOSEPH HIPPS, 57 Report and Recommendations. The Magistrate Judge submitted his Report and Recommendation on Plain tiff's Motion for Remand. The parties were afforded due opportunity pursuant to statute and the rules of this Court to file objections. On April 12, 2018, parties filed a Consent to Remand and Withdrawal of Pending Motions (dkt. 65 ). The C ourt, having considered the Magistrate Judge's Report and Recommendation and the parties' consent, hereby adopts the Magistrate Judge's Report and Recommendation. All pending motions in this matter are DENIED as MOOT, and this case is remanded to Hamilton County Superior Court 1. Signed by Judge Tanya Walton Pratt on 4/13/2018.(MAC) Copies mailed to addressed parties in distribution of this Order. Modified on 4/13/2018 (MAC).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
JOSEPH HIPPS Individually and on Behalf of All )
Others Similarly Situated,
)
)
Plaintiff,
)
)
v.
)
)
BIGLARI HOLDINGS, INC.,
)
SARDAR BIGLARI,
)
PHILIP L. COOLEY,
)
KENNETH R. COOPER,
)
JAMES P. MASTRIAN,
)
RUTH J. PERSON,
)
NBHSA INC.,
)
BH MERGER COMPANY,
)
)
Defendants.
)

No. 1:18-cv-00349-TWP-TAB

ORDER ADOPTING REPORT AND RECOMMENDATION
The Magistrate Judge submitted his Report and Recommendation on Plaintiff’s Motion for
Remand (dkt. 57). The parties were afforded due opportunity pursuant to statute and the rules of
this Court to file objections. On April 12, 2018, parties filed a Consent to Remand and Withdrawal
of Pending Motions (dkt. 65). The Court, having considered the Magistrate Judge’s Report and
Recommendation and the parties’ consent, hereby adopts the Magistrate Judge’s Report and
Recommendation. All pending motions in this matter are DENIED as MOOT, and this case is
remanded to Hamilton County Superior Court 1.

Date: 4/13/2018

Distribution:
NBHSA INC.
c/o Corporation Service Company, Registered Agent
135 N. Pennsylvania Street
Suite 1610
Indianapolis, IN 46204
BH MERGER COMPANY
c/o Corporation Service Company, Registered Agent
135 N. Pennsylvania Street
Suite 1610
Indianapolis, IN 46204
J. Daniel Albert
KESSLER TOPAZ MELTER & CHECK, LLP
[e-mail]
William J. Barkimer
KRIEG DEVAULT LLP
[e-mail]
Michael E. Bern
LATHAM & WATKINS LLP
[e-mail]
Brad A. Catlin
PRICE WAICUKAUSKI JOVEN & CAITLIN, LLC
[e-mail]
Christopher J. Clark
LATHAM & WATKINS LLP
[e-mail]
Jeremy Friedman
FRIEDMAN OSTER & TEJTEL PLLC
[e-mail]
Scott Stuart Morrisson
KRIEG DEVAULT LLP
[e-mail]
Spencer Oster
FRIEDMAN OSTER & TEJTEL PLLC
[e-mail]

Justin O. Reliford
KESSLER TOPAZ MELTER & CHECK, LLP
[e-mail]
David F.E. Tejtel
FRIEDMAN OSTER & TEJTEL PLLC
[e-mail]
Christopher M. Windover
KESSLER TOPAZ MELTER & CHECK, LLP
[e-mail]
J. Christian Word
LATHAM & WATKINS, LLP
[e-mail]
Eric L. Zagar
SCHIFFRIN & BARROWAY, LLP
[e-mail]
Hamilton County Clerk’s Office
1 Hamilton County Square
Suite 106
Noblesville, IN 46060