Everbank v. Bates et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 5 Report and Recommendations, 3 Motion to Remand filed by Everbank. Plaintiffs Motion to Remand [Doc. #3] is granted, and this case is remanded to County Court at Law No. 2 for Denton County, Texas. defendant shall pay plaintiffs attorneys fees in the amount of$275.00, as set forth in the Supplemental Declaration of Sarah S. Robbins [Doc. #6]. Signed by Judge Ron Clark on 4/4/13. (cm, )

**NOT FOR PRINTED PUBLICATION**
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
EVERBANK,
Plaintiff,
v.
RICKEY BATES,
Defendant.

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Case No. 4:12cv744
(Judge Clark/Judge Mazzant)

ORDER 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 January 24, 2013, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Plaintiff’s Motion to Remand [Doc. #3] be granted and
the case remanded to County Court at Law No. 2 for Denton County, Texas. The Court further
recommended that defendant pay plaintiff’s reasonable attorney's fees.
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. #3] is granted, and this
case is remanded to County Court at Law No. 2 for Denton County, Texas.

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It is further ORDERED that defendant shall pay plaintiff’s attorney’s fees in the amount of
$275.00, as set forth in the Supplemental Declaration of Sarah S. Robbins [Doc. #6].
The Clerk is directed to CLOSE this civil action.

So ORDERED and SIGNED this 4 day of April, 2013.

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Ron Clark, United States District Judge

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