Lynch v. Healthcare of Today Inc et al
Filing
32
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 20 Report and Recommendations, 8 Motion to Remand to State Court filed by LSM TRUST. Plaintiffs Motion to Remand [Doc. #8] is DENIED. It is further ORDERED that the Amended Complaint [Doc. #16] is STRUCK because Plaintiff failed to ask for leave to add a non-diverse party. Signed by Judge Ron Clark on 6/5/12. (cm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
GARY LYNCH, AS TRUSTEE AND
ON BEHALF OF LSM TRUST,
Plaintiff,
V.
HEALTHCARE OF TODAY, INC.,
ET AL.,
Defendants.
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CASE NO. 4:12cv110
Judge Clark/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 April 12, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Plaintiff's Motion to Remand [Doc. #8] be denied.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed, this Court is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and conclusions
of the Court.
It is, therefore, ORDERED that Plaintiff’s Motion to Remand [Doc. #8] is DENIED.
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It is further ORDERED that the Amended Complaint [Doc. #16] is STRUCK because
Plaintiff failed to ask for leave to add a non-diverse party.
So ORDERED and SIGNED this 5 day of June, 2012.
___________________________________
Ron Clark, United States District Judge
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