Moyer et al v. SimBad LLC et al

Filing 30

ORDER finding as moot 10 Motion to Strike; granting 15 Motion to Remand; granting in part and denying in part 16 Motion to Remand to State Court; adopting Report and Recommendations re 28 Report and Recommendations; granting 29 Motion for Order to Remand. This action is hereby REMANDED to the Court of Common Pleas for Franklin County. Signed by Chief Judge Algenon L. Marbley on 3/31/2021. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
STEPHEN MOYER,
Plaintiff,
v.
SimBad LLC, et al.
Defendants.

:
: Case No. 2:20-cv-5405
:
: CHIEF JUDGE ALGENON L. MARBLEY
:
: Magistrate Judge Deavers
:
:
:
ORDER

This matter is before the Court on Magistrate Judge Deavers’ January 12, 2021 Report and
Recommendation (ECF No. 28). Magistrate Deavers recommends remanding this action to the
Franklin County Court of Common Pleas and denying Plaintiffs Sarah Popovich and Charles
Popovich’s request for attorney fees. The Report and Recommendation advised the parties that
they had fourteen days to raise any objections and notified them that a failure to object within the
prescribed time period would result in a waiver of the right to have the district court judge review
the Report and Recommendation de novo.
Noting that no objections have been filed and that the time for filing objections has expired,
this Court ADOPTS Magistrate Deavers’ Report and Recommendation [#28] as this Court’s
findings of facts and law. Accordingly, the Court GRANTS Plaintiff Stephen Moyer’s Motion to
Remand [#15] and the subsequent Motion to Remand filed by Plaintiffs Stephen Moyer, Charles
Popovich, and Sarah Popovich [#29]. Additionally, the Court GRANTS IN PART and DENIES
IN PART Plaintiffs Charles Popovich and Sarah Popovich’s Motion to Remand to State Court
and for Attorneys’ Fees [#16]. The Court grants the remand but denies their request for attorney

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fees. Finally, Defendant Greatwide Dallas Mavis LLC’s Motion to Strike [#10] is now MOOT.
This action is hereby REMANDED to the Court of Common Pleas for Franklin County.
IT IS SO ORDERED.
__
ALGENON L. MARBLEY
CHIEF UNITED STATES DISTRICT JUDGE
DATED: March 31, 2021

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