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.)

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).

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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