FEDERAL NATIONAL MORTGAGE ASSOCIATION v. ALLEN
Filing
18
MEMORANDUM ORDER granting 11 Motion to Remand to State Court and adopting Report and Recommendations re 17 Report and Recommendations. Signed by Judge Terrence F. McVerry on 9/13/2013. (kly)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Plaintiff,
v.
SANDRA ALLEN,
Defendant.
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Civil Action No. 2:13-cv-483
Judge Terrance F. McVerry
Chief Magistrate Judge Lisa Pupo
Lenihan
ECF No. 11
MEMORANDUM ORDER
The Complaint in the above captioned case was filed in the Court of Common
Pleas of Washington County, Pennsylvania on or about March 11, 2013. Subsequently,
this action was removed to this Court by Defendant on April 2, 2013, and was referred
to Chief United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in
accordance with the Magistrate Judges Act, 28 U.S.C. §636(b)(1), and Local Rules of
Court 72.C and 72.D. On June 5, 2013, Plaintiff filed a Motion to Remand (ECF No.
11).
The Magistrate Judge's Amended Report and Recommendation (ECF No. 17),
filed on August 20, 2013, recommended that the Motion for Remand filed by Plaintiff,
Federal National Mortgage Association (ECF No. 11), be granted and the case be
remanded to the Court of Common Pleas of Washington County, Pennsylvania
forthwith.
The Amended Report and Recommendation further recommended that
Plaintiff’s request for an award of costs be denied. Service was made on all counsel of
record and on Defendant Sandra Allen at her address of record, 122 Church Street,
Washington, PA
15301.
The parties were informed that in accordance with the
Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72.D.2 of the Local
Rules of Court, that they had fourteen (14) days to file any objections. No objections
have been filed to the Amended Report and Recommendation.
After a de novo review of the pleadings and documents in the case, together with
the Amended Report and Recommendation, objections thereto, and response to
objections, the following Order is entered:
AND NOW, this 13th day of September, 2013,
IT IS HEREBY ORDERED that the Motion for Remand filed by Plaintiff, Federal
National Mortgage Association (ECF No. 11), is GRANTED. The Clerk of Court is
Ordered to remand this case to the Court of Common Pleas of Washington County,
Pennsylvania forthwith.
IT IS FURTHER ORDERED that Plaintiff’s request for an award of costs is
DENIED.
IT IS FURTHER ORDERED that the Amended Report and Recommendation
(ECF No. 17) of Chief Magistrate Judge Lenihan, dated August 20, 2013, is adopted as
the opinion of the Court.
BY THE COURT:
s/TERRANCE F. McVERRY
United States District Judge
cc:
All Counsel of Record
Via Electronic Mail
Sandra Allen
122 Church Street
Washington, PA 15301
Via U.S. First Class Mail
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