Eisenhauer v. Dollar General

Filing 18

MEMORANDUM AND ORDER - IT IS ORDERED: The magistrate judge's findings and recommendation (filing 17 ) are adopted. The plaintiff's motion for remand (filing 9 ) is granted, and this case is remanded to state court, pursuant to 28 U.S.C. § 1447(c), for lack of subject matter jurisdiction. The clerk of the court shall mail a certified copy of this order to the District Court of Cuming 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. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LANA EISENHAUER,
Plaintiff,
v.
DOLLAR GENERAL
CORPORATION,
Defendant.

)
)
)
)
)
)
)
)
)
)

4:13CV3181

MEMORANDUM
AND ORDER

This matter is before the court on the findings and recommendation filed by
Magistrate Judge Zwart on January 3, 2014 (filing 17). Judge Zwart recommends that
the plaintiff’s motion for remand (filing 9) be granted because the defendant has failed
to prove by a preponderance of the evidence that the amount in controversy exceeds
$75,000.
No objections have been filed to the findings and recommendation within the
time permitted by 28 U.S.C. § 636(b)(1). In any event, I have conducted a de novo
review and find that Judge Zwart has correctly found the facts and applied the law.
Her findings and recommendation therefore will be adopted, and the case remanded
to state court.
IT IS ORDERED:
1.

The magistrate judge’s findings and recommendation (filing 17) are
adopted.

2.

The plaintiff’s motion for remand (filing 9) is granted, and this case is
remanded to state court, pursuant to 28 U.S.C. § 1447(c), for lack of
subject matter jurisdiction.

3.

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

4.

Final judgment will be entered by separate document.

DATED this 4th day of February, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

2