Buchert v. Home Depot USA

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Court hereby ADOPTS 12 the Magistrate Judge's Report and Recommendation. Plaintiff's 6 Motion to Remand is GRANTED and Plaintiff's request for attorney's fees is DENIED. Signed by Judge Robert W. Schroeder, III on 11/07/16. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
JOSEPH BUCHERT, JR.,
Plaintiff,

v.
HOME DEPOT U.S.A., INC. d/b/a/ THE
HOME DEPOT, RAYMOND CORP.,
and RAY L. JOHNSON,
Defendants.

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CASE NO. 6:16-CV-502-RWS-JDL

ORDER ADOPTING REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
Before the Court is Plaintiff Joseph Buchert, Jr.’s Motion to Remand pursuant to 28
U.S.C. 1441(b) (Docket No. 6), to which Defendant The Raymond Corp. (“Raymond”) filed
a Response (Docket No. 9). On September 23, 2016, Magistrate Judge John D. Love filed a
Report

and

Recommendation

recommendations.

that

Docket No. 12.

contains

his

proposed

findings

of

fact

and

The Magistrate Judge recommended granting

Plaintiff’s motion to remand because Defendant Ray Johnson was not fraudulently
joined and is not diverse from Plaintiff.

Id. at 8. No objections to the Report and

Recommendation were filed during the prescribed objection period. Accordingly, the Court
hereby ADOPTS the Magistrate Judge’s Report and Recommendation.
For the reasons stated in the Report and Recommendation, Plaintiff’s motion to remand is
GRANTED and Plaintiff’s request for attorney’s fees is DENIED.

So ORDERED and SIGNED this 7th day of November, 2016.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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