Graham Construction Services, Inc. v. Adventure Divers, Inc. et al

Filing 58

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 57 Report and Recommendation (Written Opinion). Plaintiffs Motion to Remand 6 is GRANTED IN PART and DENIED IN PART as follows: a. Plaintiffs motion that the matter be remanded to Dakota County Dis trict Court, State of Minnesota is GRANTED. Plaintiff's request for attorneys fees is DENIED. Defendant Adventure Divers Motion to Transfer 23 is DENIED as moot. Defendant Ohio Farmers Motion to Dismiss or, in the alternative, to Transfer 28 is DENIED as moot. Signed by Chief Judge Michael J. Davis on 4/19/12. (KMW)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Graham Construction Services, Inc.,

Civil File No. 11-3414 (MJD/AJB)

Plaintiff,
v.
ORDER
Adventure Divers, Inc. and
Ohio Farmers Insurance Company,
Defendants.
Based upon the Report and Recommendation by United States Chief Magistrate Judge
Arthur J. Boylan dated March 27, 2012, with all the files and records, and no objections having
been filed to said Recommendation, IT IS HEREBY ORDERED that:
1. Plaintiff’s Motion to Remand [Docket No. 6] is GRANTED IN PART and
DENIED IN PART as follows:
a. Plaintiff’s motion that the matter be remanded to Dakota County District
Court, State of Minnesota is GRANTED.
b. Plaintiff’s request for attorneys’ fees is DENIED.
2. Defendant Adventure Diver’s Motion to Transfer [Docket No. 23] is DENIED as
moot.
3. Defendant Ohio Farmer’s Motion to Dismiss or, in the alternative, to Transfer
[Docket No. 28] is DENIED as moot.

Dated: April 19, 2012

s/Michael J. Davis
Michael J. Davis
Chief Judge
United States District Court