Jeffrey Lake Development et al v. Central Nebraska Public Power & Irrigation District

Filing 33

MEMORANDUM AND ORDER - The magistrate judge's findings and recommendation (filing 23 ) are adopted. The defendant's statement of objections (filing 26 ) is denied. The plaintiffs' statement of objections (filing 24 ) is denied. T he plaintiffs' motion to remand (filing 12 ) is granted, and the case is remanded to the District Court of Lincoln County, Nebraska, pursuant to 28 U.S.C. § 1447(c), for lack of subject matter jurisdiction. The plaintiffs' request for attorney fees is denied. The clerk of the court shall mail a certified copy of this order to the District Court of Lincoln County, Nebraska, and may take any other action necessary to effectuate the remand. Final judgment will be entered by separate document. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

JEFFREY LAKE DEVELOPMENT,
INCORPORATED, a Nebraska
non-profit corporation, and MIDWAY
WILDLIFE & RECREATION CLUB,
a Nebraska non-profit corporation,
Plaintiffs,
v.
CENTRAL NEBRASKA PUBLIC
POWER & IRRIGATION DISTRICT,
a Nebraska public corporation,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

4:11CV3112

MEMORANDUM
AND ORDER

This matter is before the court on the findings and recommendation filed by
Magistrate Judge Cheryl R. Zwart on November 23, 2011 (filing 23). Judge Zwart
recommends (1) that the plaintiff’s motion to remand (filing 12) be granted, and the
case remanded to the District Court of Lincoln County, Nebraska, and (2) that the
plaintiff’s request for attorneys’ fees be denied. The defendant has filed a statement
of objections to the recommendation that the case be remanded (filing 26), while the
plaintiffs have filed a statement of objections to the recommendation that their request
for attorney fees be denied (filing 24). The matter is now ripe for decision under 28
U.S.C. § 636(b)(1).
I find and conclude after de novo review, and after giving careful consideration
to the parties’ written arguments, that Judge Zwart has correctly found the facts and
applied the law. Her findings and recommendation therefore will be adopted, and the
defendant’s motions will be denied.

IT IS ORDERED:
1.

The magistrate judge’s findings and recommendation (filing 23) are
adopted.

2.

The defendant’s statement of objections (filing 26) is denied.

3.

The plaintiffs’ statement of objections (filing 24) is denied.

4.

The plaintiffs’ motion to remand (filing 12) is granted, and the case is
remanded to the District Court of Lincoln County, Nebraska, pursuant
to 28 U.S.C. § 1447(c), for lack of subject matter jurisdiction.

5.

The plaintiffs’ request for attorney fees is denied.

6.

The clerk of the court shall mail a certified copy of this order to the
District Court of Lincoln County, Nebraska, and may take any other
action necessary to effectuate the remand.

7.

Final judgment will be entered by separate document.

February 1, 2012.

BY THE COURT:

Richard G. Kopf
Senior United States District Judge

-2-