Valdez v. Miller Energy Resources et al (TV1)

Filing 40

ORDER; the Court ACCEPTS IN WHOLE the R&R 36 and GRANTS IN PART AND DENIES IN PART plaintiff's Motion to Remand 6 . This case is hereby REMANDED to the Chancery Court for Knox County, Tennessee, and plaintiff's request for attorneys' fees and costs is hereby DENIED. All pending motions 16 , 20 , 23 , and 29 are DENIED as moot. The Clerk of Court is DIRECTED to CLOSE this case. Signed by District Judge Thomas A Varlan on 2/7/12. (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
MARCO VALDEZ, derivatively on behalf of
MILLER ENERGY RESOURCES, INC.,
Plaintiff,
v.
DELOY MILLER, SCOTT M. BORUFF,
JONATHAN S. GROSS,
HERMAN GETTELFINGER,
DAVID HALL, MERRILL A. MCPEAK,
CHARLES M. STIVERS,
DON A. TURKLESON, and
DAVID VOYTICKY,
Defendants,
and
MILLER ENERGY RESOURCES, INC.,
Nominal Defendant.

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No.:

3:11-CV-462
(VARLAN/SHIRLEY)

ORDER
This civil matter is before the Court on the Report and Recommendation (the “R&R”)
entered by U.S. Magistrate Judge C. Clifford Shirley, Jr., on January 20, 2012 [Doc. 36].
There have been no timely objections to the R&R, and enough time has passed since the
filing of the R&R to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1);
Fed. R. Civ. P. 72(b).
After careful review of the matter, the Court is in agreement with Magistrate Judge
Shirley’s recommendations, which the Court adopts and incorporates into its ruling.

Accordingly, the Court ACCEPTS IN WHOLE the R&R [Doc. 36] and GRANTS IN
PART AND DENIES IN PART plaintiff’s Motion to Remand [Doc. 6]. This case is hereby
REMANDED to the Chancery Court for Knox County, Tennessee, pursuant to 28 U.S.C.
§ 1447, and plaintiff’s request for attorneys’ fees and costs is hereby DENIED. All pending
motions [Docs. 16, 20, 23, 29] are DENIED as moot. The Clerk of Court is DIRECTED
to CLOSE this case.
IT IS SO ORDERED.

s/ Thomas A. Varlan
UNITED STATES DISTRICT JUDGE

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