Scott v. Capital Security, Ltd., et al.

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 6 Report and Recommendations. 4 Motion to Remand-GRANTED. Signed by District Judge Robert W. Schroeder, III on 10/2/2018. (saenz, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
CLYDE SCOTT,
Plaintiff,

v.
CAPITAL SECURITY, LTD.,
CENTRAL OHIO INSURANCE
SERVICES, INC., INSURANCE
OFFICE OF AMERICA, INC.,
MOTORSPORT INSURANCE GROUP,
and WILLIAM R. LUTZ,
Defendants.

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CASE NO. 6:18-CV-273-RWS-JDL

ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
The above entitled and numbered civil action was referred to United States Magistrate
Judge John D. Love pursuant to 28 U.S.C. § 636. On August 08, 2018, the Magistrate Judge issued
his Report and Recommendation (“Report”) (Docket No. 6), recommending that Plaintiff’s Motion
to Remand be granted, and that this action be remanded to the 294th Judicial District in the District
Court of Van Zandt County. No objections to the Report have been presented for consideration
within the prescribed time period for such objections.
Defendant Central Ohio Insurances Services, Inc. did not file a response to Plaintiff’s
Motion to Remand. The Court agrees with the Magistrate Judge that Plaintiff’s motion was
effectively unopposed and should be granted.
Accordingly, the Court ADOPTS in its entirety the Report and Recommendation of the
United States Magistrate Judge (Docket No. 6) as the findings of this Court. It is hereby

.

ORDERED that Plaintiff’s Motion to Remand (Docket No. 4) is GRANTED with respect to
remand, but DENIED with respect to Plaintiff recovering attorney’s fees.
Pursuant to Local Rule 83, the Clerk of Court is directed to remand this action to the 294th
Judicial District in the District Court of Van Zandt County, and to close this case after 21 days
from the date of this order, if no timely motion for reconsideration has been filed.
SIGNED this 2nd day of October, 2018.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE