Tolar v. Greif, Inc.

Filing 19

OPINION Adopting 14 Report and Recommendations of the U.S. Magistrate Judgeas to 5 Motion to Remand filed by Robert L Tolar. It is ordered that the plaintiff's motion to remand be denied. Signed by Judge Frank J. Polozola on 3/1/2012. (LSM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
ROBERT L. TOLAR
CIVIL ACTION
VERSUS
NO. 12-6-FJP-SCR
GREIF, INC.

O P I N I O N
The Court has independently reviewed the entire record in this
case and for reasons set forth in the Magistrate Judge's Report1 to
which an objection2 and reply3 were filed, the Court hereby finds
that the Magistrate Judge was correct in recommending that the
motion to remand should be denied.

It does not matter what

standard of review is applied by this Court in reviewing the report
and recommendation of the Magistrate Judge. Under all standards of
review which could be applied, the Magistrate Judge was correct as
a matter of law under the facts of this case to recommend that
plaintiff's motion to remand be denied.
The

Court

finds

that

there

is

complete

diversity

of

citizenship between the plaintiff and the defendant, and the amount

1

Rec. Doc. No. 14.

2

Rec. Doc. No. 16.

3

Rec. Doc. No. 17.

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in controversy required by § 1332 is present.

The defendant has

also shown that the removal was objectively reasonable.
Therefore:
IT IS ORDERED that the plaintiff's motion to remand be denied.
Baton Rouge, Louisiana, March 1, 2012.

S
FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA

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