Vaith v. General Motors, LLC et al

Filing 55

ORDER ADOPTING REPORT AND RECOMMENDATIONS denying 22 Motion to Remand to State Court filed by Chad Vaith, and granting 10 Motion to Dismiss/Lack of Jurisdiction filed by House Chevrolet Co. (Written Opinion). Signed by Chief Judge John R. Tunheim on 7/19/2018. (HAZ)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CHAD VAITH, Civil No. 18-31(JRT/HB) Plaintiff, v. GENERAL MOTORS, LLC and HOUSE CHEVROLET CO., ORDER ON REPORT AND RECOMMENDATION Defendants. Brent S. Schafer, SCHAFER LAW FIRM, PA, 991 Sibley Memorial Highway, Suite 207, Lilydale, MN 55118, Laurence G. Tien, Robert W. Cowan, BAILEY, PEAVY, BAILEY, COWAN, HECKAMAN, PLLC, 5555 San Felipe, Suite 900, Houston, TX 77056 for plaintiff, Kristina Kaluza, David Graham, Michael Stephani, DYKEMA GOSSETT PLLC, 4000 Wells Fargo Center, 90 South Seventh Street, Minneapolis, MN 55402, Michael P. Cooney, DYKEMA GOSSETT PLLC, 400 Renaissance Center, Detroit, MI 48243, for defendant General Motors, LLC. Robert G. Benner, DUNLAP & SEEGER, PA, PO Box 549, Rochester, MN 55903-0549, for defendant House Chevrolet, Co. The above-entitled matter came before the Court upon the Report and Recommendation of the United States Magistrate Judge. No objections have been filed to the Report and Recommendation in the time period permitted. Based upon the Report and Recommendation of the Magistrate Judge, and all the files, records and proceedings herein, IT IS HEREBY ORDERED that: 1. The Report and Recommendation is ADOPTED; 2. Defendant House Chevrolet Co.’s Motion to Dismiss for Lack of Jurisdiction [Docket No. 10] is GRANTED; and 3. Plaintiff’s Motion to Remand [Docket No. 22] is DENIED. LET JUDGMENT BE ENTERED ACCORDINGLY. DATED: July 19, 2018 at Minneapolis, Minnesota s/John R. Tunheim JOHN R. TUNHEIM Chief Judge United States District Court

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