Luv N Care Ltd v. Cohen et al

Filing 91

JUDGMENT adopting in part 71 Report and Recommendation of the Magistrate Judge, Granting 10 Motion to Remand for lack of subject matter jurisdiction. This matter is hereby Remanded to the Fourth Judicial District Court, Parish of Ouachita, Sta te of Louisiana; Denying 10 Motion for Attorney Fees, Costs and Expenses; Denying denying 6 Motion to Enjoin Related State Court Proceedings and 21 Motion to Dismiss and Transfer For Improper Venue. Signed by Judge Robert G James on 2/27/2018. (crt,Crawford, A)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION LUV N’ CARE, LTD. CIVIL ACTION NO. 17-0628 VERSUS JUDGE ROBERT G. JAMES MORRIS E. COHEN, ET AL. MAG. JUDGE JOSEPH PEREZ-MONTES JUDGMENT For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein, and after a de novo review of the entire record, including the written objections filed herein, and concurring with the Magistrate Judge’s findings under the applicable law, to the extent adopted by this Court, and for those additional reasons contained in this Court’s Ruling, IT IS ORDERED that Plaintiff Luv N’Care, Ltd.’s (“LNC”) Motion to Remand [Doc. No. 10] be GRANTED for lack of subject matter jurisdiction. This matter is hereby REMANDED to the Fourth Judicial District Court, Parish of Ouachita, State of Louisiana. IT IS FURTHER ORDERED that LNC’s motion for attorney’s fees, costs, and expenses, contained in its Motion to Remand [Doc. No. 10], is DENIED. IT IS FURTHER ORDERED that Defendants Morris E. Cohen and Lee A. Goldberg’s Motion to Enjoin Related State Court Proceedings [Doc. No. 6] and Motion to Dismiss and Transfer for Improper Venue [Doc. No. 21] are DENIED. MONROE, LOUISIANA, this 27th day of February, 2018.

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