Reese et al v. ICF Emergency Management Services, L.L.C. et al

Filing 37

RULING Adopting the Report and Recommendation of the U.S. Magistrate Judge...Pltfs 22 Motion to Remand is DENIED. Signed by Judge James J. Brady on 2/2/2010. (JDL, )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

KERN A. REESE, ET AL CIVIL ACTION VERSUS NO. 09-312-JJB ICF EMERGENCY MANAGEMENT SERVICES, INC., L.L.C. RULING The Court has carefully considered the motion, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Christine Noland, dated November 6, 2009 (doc. 29). Plaintiffs have filed an objection, which the Court has considered in conducting a de novo review of the record. The Court finds that the magistrate judge's findings of fact and conclusions of law are all clearly correct and that there is no need to further address Plaintiff's arguments. Specifically, the Court finds that the magistrate judge appropriately pierced the pleadings in undertaking a summary inquiry. See Smallwood v. Illinois Cent. R. Co., 385 F.3d 568, 573 (5th Cir. 2004). Based on this limited inquiry, the magistrate judge found, and the Court agrees that Plaintiffs have no reasonable basis of recovery against the in-state defendants. Thus, the Court hereby approves the report and recommendation of the magistrate judge and adopts it as the Court's opinion herein. Accordingly,

IT IS ORDERED that Plaintiff's motion for remand to state court (doc. 22) is DENIED. Baton Rouge, Louisiana, this 2nd day of February, 2010.

JAMES J. BRADY, JUDGE MIDDLE DISTRICT OF LOUISIANA