Hornady Manufacturing Company v. The Benefit Group et al

Filing 26

MEMORANDUM AND ORDER granting that the 23 Findings and Recommendation is adopted in its entirety; This case is remanded to District Court of Hall County, Nebraska; and the 10 Motion to Remand is granted. Ordered by Chief Judge Joseph F. Bataillon. (ADB, )

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-TDT Hornady Manufacturing Company v. The Benefit Group et al Doc. 26 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA HORNADY MANUFACTURING COMPANY, a Nebraska Corporation, Plaintiff, v. THE BENEFIT GROUP, INC., a Nebraska corporation, PERICO LIFE INSURANCE COMPANY, a Delaware corporation, and PRENTISS & ASSOCIATES, INC., a Kansas corporation, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 8:10CV150 MEMORANDUM AND ORDER This matter is before the court on the findings and recommendation of the magistrate judge, Filing No. 23, that this court remand the case to the District Court of Hall County, Nebraska. See Filing No. 10. No objections have been filed to the findings and recommendation of the magistrate judge. A district court reviews de novo those portions of a magistrate's order that are objected to by a party. Grinder v. Gammon, 73 F.3d 793, 792 (8th Cir. 1996). "A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions." 28 U.S.C. 636(b)(1)(2006). A district court may reconsider a magistrate judge's ruling where it has been shown that the ruling is clearly erroneous or contrary to law. Ferguson v. United States, 484 F.3d 1068, 1076 (8th Cir. 2007) (citing 28 U.S.C. 636(b)(1)(A) (2006)). Dockets.Justia.com The court has carefully reviewed the record and determines that the magistrate judge's factual and legal analysis is correct and the case should be remanded to state court. THEREFORE, IT IS ORDERED: 1. The findings and recommendation of the magistrate judge, Filing No. 23, is adopted in its entirety; 2. This case is remanded to District Court of Hall County, Nebraska; and 3. The motion to remand, Filing No. 10, is granted. DATED this 10th day of November, 2010. BY THE COURT: s/ Joseph F. Bataillon Chief District Judge *This opinion m a y contain hyperlinks to other docum e n ts or W e b sites. The U.S. District Court for th e District of Nebraska does not endorse, recom m e n d , approve, or guarantee any third parties or the services o r products they provide on their W e b sites. Likewise, the court has no agreem e n ts with any of these third p a r tie s or their W e b sites. The court accepts no responsibility for the availability or functionality of any h yp e r lin k . Thus, the fact that a hyperlink ceases to work or directs the user to som e other site does not affect t h e opinion of the court. 2

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