American Homes 4 Rent Properties v. Gates

Filing 13

Order Accepting Findings and Recommendations 7 Motion to Remand filed by American Homes 4 Rent Properties. (Ordered by Judge Jane J Boyle on 8/27/2014) (chmb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
AMERICAN HOMES 4 RENT
PROPERTIES,
Plaintiff,
v.
ARAMI GATES AND ALL
OCCUPANTS,
Defendants.

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CIVIL ACTION NO. 3:14-CV-2575-B

ORDER ADOPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Before the Court are the Findings, Conclusions, and Recommendation (doc. 12) of United
States Magistrate Judge David L. Horan, filed on August 7, 2014. The Findings recommend that the
Court grant Plaintiff’s Motion to Remand (doc. 7) and remand to County Court at Law No. 4, Dallas
County, Texas, from which it was removed. The recommendation is based on Judge Horan’s
findings that the Defendant’s removal of the action was defective because it contravened 28 U.S.C.
§ 1441(b)(2)’s forum-defendant rule and, additionally, because the Court lacks subject matter
jurisdiction over this action. Defendant failed to object to the Findings within the fourteen days
permitted under Federal Rule of Civil Procedure 72(b)(2), so the Court reviews the Findings for
clear error. After making an independent review of the pleadings, files and records in this case, and
the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, the Court
is of the opinion that the Findings, Conclusions, and Recommendation are correct and free of clear
error. It is therefore ORDERED that the Findings, Conclusions and Recommendation (doc. 12) are
ADOPTED and Plaintiff’s Motion to Remand (doc. 7) is GRANTED.

SO ORDERED.
SIGNED: August 27, 2014.

_________________________________
JANE J. BOYLE
UNITED STATES DISTRICT JUDGE