Poskey v. Taylor, Bean and Whitaker Mortgage Corporation

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 Report and Recommendations and granting 5 Motion to Remand to State Court filed by Connie Poskey. Further ordered that Defendant pay $1630 in attorney's fees incurred by Plaintiff as a result of the improper removal. Signed by Judge Ron Clark on 1/6/09. (mjc )

IN THE UNITED STATES DISTRICT COURT
F O R THE EASTERN DISTRICT OF TEXAS LU F K IN DIVISION

CONNIE POSKEY v. TAYLOR, BEAN & WHITAKER MORTGAGE CORP.

§ § § CIVIL ACTION NO. 9:08cv209

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

The Report and Recommendation of the Magistrate Judge, which contains her findings, conclusions, and recommendation for the disposition of this case has been presented for consideration. The Report and Recommendation recommends that Plaintiff's Motion to Remand (document #5) be granted, that the case be remanded back to the 3rd Judicial District Court of Houston County, Texas, and that attorney's fees be awarded to Plaintiff in the amount of $1630 for actual attorney's fees incurred as a result of the improper removal. No written objections have been filed. The Court therefore adopts the findings and conclusions of the Magistrate Judge as those of the Court. In light of the foregoing, it is ORDERED that Plaintiff's Motion to Remand (document #5) is GRANTED. The case is hereby REMANDED to the 3rd Judicial District Court of Houston County, Texas. It is further

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ORDERED that Defendant shall pay attorney's fees to Plaintiff in the amount of $1630 for actual attorney's fees incurred as a result of the improper removal.

So ORDERED and SIGNED this 6 day of January, 2009.

___________________________________ Ron Clark, United States District Judge

N : \ C i v i l \ R e f e r r a l s \ Po s k e y - o r d e r ad o p t i n g R& R . w p d

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