Parsons v. Vendor Resource Management et al

Filing 45

Order Adopting 44 Findings and Recommendations and granting 11 Motion to Remand to State Court. The court holds that it lacks subject matter jurisdiction, and remands this case to the County Court at Law No. 2 of Johnson County, Texas. The clerk shall effect the remand according to the usual procedure. (Ordered by Judge Sidney A Fitzwater on 1/24/2018) (epm)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JASON WAYNE PARSONS, AS DEPENDENT ADMINISTRATOR OF THE ESTATE OF ANITA JOANN PARSONS, § § § § § Plaintiff, § § V. § § VRM (VENDOR RESOURCE § MANAGEMENT) DULY AUTHORIZED § AGENT FOR THE SECRETARY OF § VETERANS AFFAIRS, BANK OF § AMERICA NA, AND AARON PARKER, § § Defendants. § No. 3:17-CV-1828-D ORDER The court has made an independent review of the pleadings, files, and records in this case and of the findings, conclusions, and recommendation of the United States Magistrate Judge dated December 15, 2017. Without suggesting that the court agrees in every respect with the magistrate judge’s analysis, the court concludes that the recommendation of the magistrate judge that this case be remanded is correct under the specific facts and procedural history of this case. It is therefore ordered that the recommendation of the United States Magistrate Judge is adopted. Accordingly, plaintiff’s August 1, 2017 motion to remand is granted. The court holds that it lacks subject matter jurisdiction, and, pursuant to 28 U.S.C. § 1447(c), remands this case to the County Court at Law No. 2 of Johnson County, Texas. The clerk shall effect the remand according to the usual procedure. SO ORDERED. January 24, 2018. _________________________________ SIDNEY A. FITZWATER UNITED STATES DISTRICT JUDGE 2

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