VRM v. Dias et al
Order Accepting Findings and Recommendations re: 13 Findings and Recommendations on Motion re: 7 Motion to Remand filed by VRM. It is ORDERED that the Findings, Conclusions, and Recommendation of the United States Magistrate Judge are acc epted as the findings of the Court. Plaintiffs Motion to Remand (ECF No. 7) is hereby GRANTED and this action is remanded to County Court at Law No. 1, Tarrant County, Texas. Judge Jeffrey L Cureton no longer assigned to case. (Ordered by Judge Reed C O'Connor on 10/10/2014) (ewd)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
VRM (VENDOR RESOURCE
AUTHORIZED AGENT FOR THE
SECRETARY OF VETERANS
ALBERT DIAS, JR. et al.,
Civil Action No. 4:14-cv-783-O
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in
this case. See ECF No. 13. The Magistrate Judge recommended that Plaintiff’s Motion to Remand
(ECF No. 7) should be granted because the named defendants are citizens of Texas. Defendants
objected. See Defs.’ Objection, ECF No. 14. The Court has conducted a de novo review of those
portions of the proposed findings and recommendation to which an objection was made.
Although Defendants removed this action because there is diversity between the parties,
defendants are citizens of the forum state. “A civil action otherwise removeable solely on the basis
of . . . [diversity] jurisdiction . . . may not be removed if any of the parties in interest properly joined
and served as defendants is a citizen of the State in which such action is brought.” 28 U.S.C. §
1441(b)(2). Therefore, the Court OVERRULES Defendants’ objections and ACCEPTS the
Findings, Conclusions, and Recommendation of the United States Magistrate Judge.
Accordingly, it is ORDERED that the Findings, Conclusions, and Recommendation of the
United States Magistrate Judge are accepted as the findings of the Court. Plaintiff’s Motion to
Remand (ECF No. 7) is hereby GRANTED and this action is remanded to County Court at Law No.
1, Tarrant County, Texas.
SO ORDERED on this 10th day of October, 2014.
UNITED STATES DISTRICT JUDGE
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