Heim v. Harloe Disasters, LLC et al

Filing 40

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: the Magistrate Judge's 39 Memorandum and Recommendations is hereby ADOPTED by this Court. ORDERED that Plaintiff's 14 Opposed MOTION to Remand is GRANTED and this case is REMANDED to the 80th Judicial District Court of Harris County, Texas. ORDERED that MWJI, Inc.'s 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Alacrity Adjusting Solutions, LLC's 19 MOTION to Deny Plaintiff's Claim for Attorneys' Fees are DENIED without prejudice due to lack of subject matter jurisdiction. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4)

Case 4:22-cv-01526 Document 40 Filed on 11/17/22 in TXSD Page 1 of 1
United States District Court
Southern District of Texas

ENTERED
UNITED ST ATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

November 17, 2022
Nathan Ochsner, Clerk

SUSAN C. HEI~;
PlaintW,
CIVIL ACTION No. 4:22-cv-1526

V.

HARLOE DISASTERS, LLC o/s/ A SERVPRO
OF OCONEE/SOUTH ANDERSON COUNTIES AND
WILSON STORM TEAM, LLC,
Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S
MEMORANDUM AND RECOMMENDATION

Having reviewed the Magistrate Judge's Memorandum and Recommendation dated October
25, 2022 (ECF 39) and no objections having been filed thereto, the Court is of the opinion that said
Memorandum and Recommendation should be adopted by this Court.
It is therefore ORDERED that the Magistrate Judge's Memorandum and Recommendation
is hereby ADOPTED by this Court.
It is FURTHER ORDERED that Plaintiff's Motion to Remand (ECF 14) is GRANTED
and this case is REMANDED to the 80 th Judicial District Court of Harris County, Texas.
It is FURTHER ORDERED that MWJI, Inc.'s Motion to Dismiss for Failure to State a
Claim (ECF 3) and Alacrity Adjusting Solutions, LLC's Deny Plaintiffs Claim for Attorney for
Attorney's Fees (ECF 19) are DENIED without prejudice due to lack of subject matter jurisdiction.

SIGNED at Houston, Texas this

™

day of November, 2022.

SIM LAKE
SENIOR UNITED STATES DISTRICT JUDGE