Estes et al v. C-K Sherwood Acres et al

Filing 39

RULING and Order: Adopting 37 Report and Recommendation of the U.S. Magistrate Judge and this matter be REMANDED to the 19th Judicial court. 23 Second MOTION to Remand is GRANTED. (certified copy mailed to appropriate judicial district court). Plaintiffs request for sanctions is DENIED. Signed by Judge Brian A. Jackson on 9/9/2020. (ELW)

Case 3:19-cv-00823-BAJ-SDJ

Document 39

09/09/20 Page 1 of 2

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
ASHLEY ESTES, INDIVIDUALLY
AND ON BEHALF OF JACE
BRIDGEWATER

CIVIL ACTION

VERSUS
C–K SHERWOOD ACRES, LLC,
ET AL.

NO.: 19-823-BAJ-SDJ

RULING AND ORDER
Before the Court is the United States Magistrate Judge’s Report and
Recommendation (Doc. 37), proposed pursuant to 28 U.S.C. § 636(b)(1). The
Report and Recommendation addresses Plaintiff’s Second Motion to Remand
(Doc. 23). Plaintiff’s Motion was opposed. See (Doc. 24). Plaintiff argues that
Defendants’ Notice of Removal was untimely because it was filed more than 30 days
after receiving a copy of Plaintiff’s Amended Petition, and more than one year after
Plaintiff initially filed the suit in state court. (Doc. 23, at ¶¶ 7, 10, 14). The Magistrate
Judge recommended that the Motion be granted, and that the matter be referred to
the 19th Judicial District Court for the Parish of East Baton Rouge. (Doc. 37, at p. 2).
However, the Magistrate Judge further recommended that the Court deny Plaintiff’s
request that sanctions be imposed. Id. at 12–14.
The Report and Recommendation notified the parties that, pursuant to 28
U.S.C. § 636(b)(1), they had fourteen days from the date they received the Report and
Recommendation to file written objections to the proposed findings of fact,
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19th JDC

Case 3:19-cv-00823-BAJ-SDJ

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conclusions of law, and recommendations therein. No objections or responses were
filed by either party.
Having carefully considered the underlying Complaint, the instant motion,
and related filings, the Court approves the Magistrate Judge’s Report and
Recommendation, and hereby adopts its findings of fact, conclusions of law, and
recommendation.
IT

IS

ORDERED

that

the

Magistrate

Judge’s

Report

and

Recommendation (Doc. 37) is ADOPTED as the Court’s opinion herein.
IT IS FURTHER ORDERED that Plaintiff’s Second Motion to Remand
(Doc. 23) is GRANTED.
IT IS FURTHER ORDERED that this matter is REMANDED to the 19th
Judicial District Court for the Parish of East Baton Rouge.
IT IS FURTHER ORDERED that Plaintiff’s request for sanctions is
DENIED.

Baton Rouge, Louisiana, this 9th day of September, 2020

_____________________________________________

JUDGE BRIAN A. JACKSON
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

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