SKAGGS v. GORDON FOOD SERVICE INC. et al
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS - The Court adopts 33 Report and Recommendations. 20 Motion to Remand is DENIED. 30 Motion to Drop Defendants is GRANTED, and 32 Motion for Summary Judgment is DENIED as moot. Gordon Food Service USA, Inc. and Gordon Food Services, Inc. are hereby DROPPED from this suit. See Order for details. Signed by Judge Richard L. Young on 4/21/2016.(LBT)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
NEW ALBANY DIVISION
GORDON FOOD SERVICE INC., d/b/a
GORDON FOOD SERVICE; GORDON
FOOD SERVICE USA INC., d/b/a
GORDON FOOD SERVICE; GORDON
FOOD SERVICE LLC, d/b/a GORDON
FOOD SERVICE; and GORDON FOOD
SERVICES INC., d/b/a GORDON FOOD
ORDER ON THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Plaintiff, Brittanie Skaggs, filed this personal injury action against Defendants,
Gordon Food Service, Inc. (“GFS Inc.”), Gordon Food Service USA, Inc. (“GFS USA”),
Gordon Food Service, LLC (“GFS LLC”), and Gordon Food Services, Inc. (“GFSS
Inc.”), in the Clark Circuit Court. Plaintiff alleges that she was injured after tripping over
a milk crate that a “Gordon Food Service” employee left in a walkway at her place of
employment. GFS Inc. and GFS LLC (the “Removing Defendants”) removed the action
to this court on the basis of diversity jurisdiction.
Plaintiff moved to remand the case back to state court pursuant to 28 U.S.C. §
1447(c) on the grounds that complete diversity does not exist. The Removing Defendants
opposed the motion, and then subsequently moved to drop GFS USA and GFSS Inc. as
parties pursuant to Federal Rule of Civil Procedure 21. When Plaintiff failed to respond
to that motion, the Removing Defendants moved for a summary ruling pursuant to Local
The court referred these three motions to the Magistrate Judge, who issued her
Report and Recommendation. The Magistrate Judge recommends that this court: (1)
deny Plaintiff’s Motion to Remand; (2) dismiss GFS USA and GFSS Inc. as parties to the
action; (3) grant the Removing Defendants’ Motion to Drop Defendants; and (4) deny as
moot the Removing Defendants’ Motion for Summary Ruling. No 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
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 (Filing No. 33). Plaintiff’s Motion to Remand (Filing No. 20) is
DENIED. The Removing Defendants’ Motion to Drop Defendants (Filing No. 30) is
GRANTED, and their Motion for Summary Ruling (Filing No. 32) is DENIED AS
MOOT. Gordon Food Service USA, Inc. and Gordon Food Services, Inc. are hereby
DROPPED from this suit.
SO ORDERED this 21st day of April 2016.
RICHARD L. YOUNG, CHIEF JUDGE
United States District Court
Southern District of Indiana
Distributed Electronically to Registered Counsel of Record.
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