Hunt et al v. Tri-State Care Flight, LLC et al

Filing 47

ORDER ADOPTING 45 REPORT AND RECOMMENDATIONS by District Judge Martha Vazquez; DENYING 22 Motion to Remand. See Order for Specifics. (gr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
LEE HUNT, as Personal Representative of
Estate ofJames Butler, and PEARL YEAST,
Plaintiffs,

v.

Civ. No. 17-682 MV/SCY

TRI-STATE CARE FLIGHT, LLC, and
VALERIE CAVIGNEAUX, as Personal Representative
ofEstate ofDavid Cavigneaux,
Defendants.
ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDATION AND
DENYING PLAINTIFFS' MOTION TO REMAND
THIS MATTER is before the Court on Plaintiffs' Motion to Remand (Doc. 22). The
Court referred this motion to United States Magistrate Judge Steven C. Yarbrough for entry of
proposed findings and a recommended disposition. Doc. 43.
On December 4, 2018, Judge Yarbrough entered his Proposed Findings and
Recommended Disposition (PFRD) in which he recommends denying Plaintiffs' motion to
remand. Doc. 45. Judge Yarbrough notified the parties that they had 14 days from the service of
the PFRD to file any objections to the PFRD. Id. at 12. The parties have not filed any objections
to the PFRD, thereby waiving their right to review of the proposed disposition. See United States
v. One Parcel ofReal Prop., 73 F.3d 1057, 1060 (10th Cir. 1996). Furthermore, upon review of
the PFRD, the CoUit concurs with Judge Yarbrough's findings and recommendation.
IT IS THEREFORE ORDERED THAT:
1. the Court ADOPTS Judge Yarbrough's Proposed Findings and Recommended
Disposition (Doc. 45);
2. Plaintiff's Motion to Remand and Brief in Support (Doc. 22) is DENIED; and
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