Lenins v. Dickson Operator, LLC et al

Filing 10

REPORT AND RECOMMENDATION: re 8 The undersigned recommends that this action be remanded to the Circuit Court for the 23rd Judicial District at Dickson County Signed by Magistrate Judge E. Clifton Knowles on 3/3/2015. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

JOSEPH LENINS,

)
)
Plaintiff,
)
)
)
vs.
)
)
)
DICKSON OPERATOR, LLC d/b/a
)
DICKSON HEALTH AND REHAB
)
a/k/a DICKSON HEALTHCARE
)
CENTER, WINDWARD HEALTH
)
PARTNERS, LLC, MISSION HEALTH )
OF GEORGIA, LLC, UNIVERSAL
)
HEALTHCARE ASSOCIATES, LLC, )
T AND C CAPITAL ASSETS, LLC and )
DIANE K. PATTERSON,
)
)
Defendants.
)

CASE NO. 3:15-0120
JUDGE HAYNES/KNOWLES

REPORT AND RECOMMENDATION
This matter is before the Court upon a “Joint Motion to Remand to the State Court” filed
by Plaintiff Joseph Lenins and Defendants Dickson Operator, LLC d/b/a Dickson Health and
Rehab a/k/a Dickson Healthcare Center, Windward Health Partners, LLC, and Mission Health of
Georgia, LLC. Docket No. 8. Those parties agree that this action should be remanded to the
Circuit Court for the 23rd Judicial District at Dickson County. As grounds for the instant Motion,
Defendants state that they have not been able to obtain consent to the removal from Defendants T
and C Capital Assets, LLC and Universal Healthcare Associates, LLC, who have been served in
the State Court action.
For the foregoing reasons, the undersigned recommends that this action be remanded to

the Circuit Court for the 23rd Judicial District at Dickson County.
Under Rule 72(b) of the Federal Rules of Civil Procedure, any party has fourteen (14) days
after service of this Report and Recommendation in which to file any written objections to this
Recommendation with the District Court. Any party opposing said objections shall have fourteen
(14) days after service of any objections filed to this Report in which to file any response to said
objections. Failure to file specific objections within fourteen (14) days of service of this Report
and Recommendation can constitute a waiver of further appeal of this Recommendation. See
Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L. Ed. 2d 435 (1985), reh’g denied, 474 U.S.
1111 (1986); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72.

E. Clifton Knowles
United States Magistrate Judge

2