Babyak v. Metropolitan Life Insurance Company

Filing 7

ORDER granting 6 MOTION to Vacate 1 Notice of Removal and Close the Case. The Removal is hereby vacated and the case closed based on the fact that the State Court case was technically dismissed without prejudice prior to the State Court receiving the Notice of Filing Notice of Removal. Signed by Judge Walter H. Rice on 8/1/2022. (bjr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

Case: 3:22-cv-00087-WHR-PBS Doc #: 7 Filed: 08/01/22 Page: 1 of 1 PAGEID #: 26

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO
DAYTON DIVISION

JAMES BABYAK,

Plaintiff,
V.

Case No. 3:22-cv-00087-WHR-PBS

METROPOLITAN LIFE INSURANCE

COMPANY,
Defendant.
ORDER

This matter is before the Court on Defendant's Motion to Voluntarily Vacate the Removal

and Close the Case [Dkt.#

1. The Court, having reviewed said Motion and being duly advised,

now GRANTS same.

IT IS THEREFORE ORDERED that the removal is hereby vacated and the case closed
based on the fact that the State Court Case was technically dismissed without prejudice prior to

the State Court receiving the Notice of Filing Notice of Removal.
Dated: Jtdy

V.

,2022.

Judge, United States District Court

52366403.V1-OGLETREE