Shooter Construction Co., Inc. v. Acordia of Ohio, LLC

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS - Accordingly, it is hereby ORDERED that this matter be, and it hereby is, REMANDED to the Montgomery County Common Pleas Court for all further proceedings, except that this Court retains jurisdiction to assess "just costs and any actual expenses, including attorney fees, incurred as a result of the removal. Signed by Judge Walter H Rice on 09/20/11. (pb1)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT DAYTON

SHOOTER CONSTRUCTION CO., INC.
Plaintiff,

Case No. 3:11-cv-181
District Judge Walter Herbert Rice
Magistrate Judge Michael R. Merz

vs ACCORDIA OF OHIO, LLC
Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATIONS

The Court has reviewed the Report and Recommendations ofUnited States Magistrate Judge
Michael R. Merz (Doc. #18), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and
noting that no objections have been filed thereto and that the time for filing such objections under
Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations.
Accordingly, it is hereby ORDERED that this matter be, and it hereby is, REMANDED
to the Montgomery County Common Pleas Court for all further proceedings, except that this
Court retains jurisdiction to assess "just costs and any actual expenses, including attorney fees,
incurred as a result of the removaL" The question of the appropriate amount of such assessment
remains referred to Magistrate Judge Merz for report and recommendations.
September

~

,2011.

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__ l. .,
Walter Herbert Rice
United States District Judge