Fountainhead Management Inc v. Roberts

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 25 Report and Recommendations, it is ORDERED that Plaintiff's motion to dismiss is GRANTED and the case is REMANDED to the Justice of the Peace Court, Precinct 1, Cooke County, TX. IT IS SO ORDERED. Signed by Judge Michael H. Schneider on 07/12/2011. (lhj, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERM AN DIVISION

FOUNTAINHEAD MANAGEMENT,
INC.
V.

SEAN ROBERTS

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CASE NO. 4:11CV172
Judge Schneider/Judge Mazzant

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this
matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C.
§ 636. On June 10, 2011, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations with regard to Plaintiff’s Motion to Dismiss Under Rule 12(b)
for Lack of Jurisdiction, or Failure to State a Claim and to Remand Case to State Court (Dkt. #13),
recommending that the motion to remand should be granted.
The Court, having made a de novo review of Plaintiff Fountainhead Management’s Limited
Objection to the Report and Recommendation (Dkt. #27), Defendant Sean Roberts’ Response to
Plaintiff’s Amended Motion to Remand and to Plaintiff’s Limited Objection (Dkt. #28), Defendant
Sean Roberts’ Objections to the Proposed Findngs and Recommendations (Dkt. #30), Plaintiff’s
Reply to Defendant’s Response to Plaintiff’s Amended Motion to Remand and to Defendant’s
Objections (Dkt. #31), and Defendant Sean Roberts’ Motion to Sustain Removal Based Upon
Plaintiff’s Affirmative Conduct Within the Federal Forum Following Removal (Dkt. #32), is of the
opinion that the findings and conclusions of the Magistrate Judge are correct, and the objections are
without merit. Therefore, the Court hereby adopts the findings and conclusions of the Magistrate
Judge as the findings and conclusions of this Court.
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It is, therefore, ORDERED that Plaintiff’s Motion to Dismiss Under Rule 12(b) for Lack of
Jurisdiction, or Failure to State a Claim and to Remand Case to State Court (Dkt. #13) is
GRANTED and the case is REMANDED to the Justice of the Peace Court, Precinct 1, Cooke
County, Texas.
IT IS SO ORDERED.

SIGNED this 12th day of July, 2011.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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