Salvation Army et al v. Union Pacific Railroad Co et al

Filing 35

ORDER adopting 29 Report and Recommendations, denying 16 Motion to Remand. FURTHER ORDERED that the claims against defendant Consolidated Companies Inc are dismissed without prejudice. Signed by Judge S Maurice Hicks on 10/04/2016. (crt,McDonnell, D)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION SALVATION ARMY, ET AL CIVIL ACTION NO. 16-0347 VERSUS JUDGE S. MAURICE HICKS, JR. UNION PACIFIC RAILROAD, INC., ET AL MAGISTRATE JUDGE WHITEHURST ORDER This matter was referred to United States Magistrate Judge Carol B. Whitehurst for Report and Recommendation. After an independent review of the record, including the objections and responses (Record Documents 30-34) filed herein, this Court concludes that the Report and Recommendation of the Magistrate Judge is correct and adopts the findings and conclusions therein as its own. Accordingly, IT IS ORDERED that the Motion to Remand (Record Document 16) filed by plaintiffs, The Salvation Army, Barry J. Salinger, Cypress Street Properties, LLC, Edward P. Mouton, Wayne Gary, Gary’s Grocery & Market, Inc. , DE & FK LLC and Frank’s House, LLC be and is hereby DENIED. IT IS FURTHER ORDERED that the claims against defendant, Consolidated Companies, Inc., are DISMISSED WITHOUT PREJUDICE. THUS DONE AND SIGNED, in Shreveport, Louisiana, this 4th day of October, 2016.

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