Bank of America, N.A. v. Smith et al

Filing 17

ORDER ADOPTING 9 and 16 REPORT AND RECOMMENDATIONS: it is ORDERED that the Report and Recommendation filed on December22, 2016 (Doc. 9) shall stand with the exception that the motion to remand by Bank of America is GRANTED as an alternative basi s for remand. it is ORDERED that the Report and Recommendation filed on December 22, 2016 (Doc. 9) shall stand with the exception that the motion to remand by Bank of America is GRANTED as an alternative basis for remand. The Court requires defendan ts to pay the amount of $400.00 to the Clerk of Court as a sanction for filing a wholly frivolous petition for removal of this case. The motion for waiver of pacer fees by defendants (Doc. 16) is hereby DENIED as moot. Signed by Judge Susan J. Dlott on 4/21/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Bank of America, N.A. Successor By Merger to LaSalle, Plaintiff(s), vs. Demetrious Smith, et al., Defendant(s). : : : : : : : : : Case Number: 1:16cv1156 Judge Susan J. Dlott ORDER This matter is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this Court on December 22, 2016 a Report and Recommendation (Doc. 9). On January 4, 2017, the Magistrate Judge filed a supplemental Report and Recommendation ( Doc. 11). Subsequently, the plaintiff filed objections to such Report and Recommendation (Docs. 12 and 13). The Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Recommendation should be adopted. Accordingly, it is ORDERED that the Report and Recommendation filed on December 22, 2016 (Doc. 9) shall stand with the exception that the motion to remand by Bank of America is GRANTED as an alternative basis for remand. The defendants’ removal petition is DENIED for lack of subject matter jurisdiction and this case is REMANDED to the Hamilton County Court of Common Pleas. See 28 U.S.C. §1447( c ). The Court requires defendants to pay the amount of $400.00 to the Clerk of Court as a sanction for filing a wholly frivolous petition for removal of this case. The Court certifies pursuant to 28 U.S.C. §1915(a) that for the foregoing reasons an appeal of this Order would not be taken in good faith, therefore, DENYING defendants leave to appeal in forma pauperis. Defendants remain free to apply to proceed in forma pauperis in the Court of Appeals. The motion for waiver of pacer fees by defendants (Doc. 16) is hereby DENIED as moot. IT IS SO ORDERED. ____s/Susan J. Dlott________ Judge Susan J. Dlott United States District Court

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