Fuller v. Shellpoint Mortgage Servicing et al

Filing 193

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 192 ; Defendants Motions to Dismiss 99 , 103 , 115 are granted as to Counts 6 and 14 of the Corrected Second Amended Complaint. The remaining state law claims are remanded to the Allegan County Circuit Court based on the Court's decision not to exercise supplemental jurisdiction. Plaintiff's Motion to Remand (and award costs) 186 is denied; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LARRY FULLER,
Plaintiff,
Case No. 1:16-cv-475
v.
HON. ROBERT J. JONKER
SHELL POINT MORTGAGE
SERVICING, et al.,
Defendants.
/
ORDER APPROVING AND ADOPTING MAGISTRATE'S
REPORT AND RECOMMENDATION
The Court has reviewed the Report and Recommendation filed by the United States
Magistrate Judge in this action on September 6, 2017. (ECF No. 192). No objections have been filed
under 28 U.S.C. 636(b)(1)(C).
ACCORDINGLY, IT IS ORDERED that the Report and Recommendation of the
Magistrate Judge (ECF No. 192) is approved and adopted as the opinion of the Court.
IT IS FURTHER ORDERED that Defendants Motions to Dismiss (ECF Nos. 99, 103, 115)
are GRANTED as to Counts 6 and 14 of the Corrected Second Amended Complaint (ECF No. 86).
IT IS FURTHER ORDERED that Plaintiff’s remaining state law claims as alleged in
Counts 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, and 15 of the Corrected Second Amended Complaint are
REMANDED to the Allegan County Circuit Court under 28 U.S.C. § 1367(c). This remand is
based on the Court’s decision not to exercise supplemental jurisdiction, and not on the basis of any

improvident removal. So even though the state law claims are remanded, Plaintiff’s Motion to
Remand (and award costs) (ECF No. 186) is DENIED.
IT IS SO ORDERED.

Dated:

September 26, 2017

/s/ Robert J. Jonker
ROBERT J. JONKER
CHIEF UNITED STATES DISTRICT JUDGE

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