Prachun et al v. CBIZ Benefits & Insurance Services, Inc. et al

Filing 40

ORDER denying 9 Motion to Remand; adopting Report and Recommendations re 21 Report and Recommendations.. Signed by Judge Algenon L. Marbley on 6/18/2015. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
PAUL PRACHUN, et al.,

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Plaintiffs,
v.
CBIZ BENEFITS & INSURANCE
SERVICES, INC. et al.,
Defendants.

Case No. 2:14-cv-2251
JUDGE ALGENON L. MARBLEY
Magistrate Judge Kemp

OPINION & ORDER
On February 3, 2015, the United States Magistrate Judge issued a Report and
Recommendation in this case (Doc. 21), recommending that the Court deny Plaintiffs’ motion to
remand this case to state court. (Doc. 9). The Plaintiffs argued that this Court did not have subject
matter jurisdiction over any of its claims, and that the Defendants were incorrect that the Plaintiffs
had brought claims which fall within the scope of the Employee Retirement Income Security Act
(“ERISA”). The Magistrate Judge found that ERISA preempted Plaintiffs’ claim for benefits,
supporting the existence of jurisdiction in this case and the propriety of removal. The parties were
specifically advised of their right to object to the Report and Recommendation and of the
consequences of their failure to do so. No objection has been filed.
Since neither party has objected, and the deadline for such objections elapsed on February
17, 2015, this Court ADOPTS the Magistrate Judge’s Report and Recommendation. Plaintiffs’
Motion to Remand is DENIED. (Doc. 9).
IT IS SO ORDERED.

DATED: June 18, 2015

s/ Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE