Kirk v. Rockwell Collins

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; denying 10 Motion to Remand; adopting Report and Recommendations re 29 Report and Recommendations. Signed by Judge Dee Benson on 8/16/13. (jlw)

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

JEFFERY L. KIRK,
Plaintiff,

ORDER ADOPTING REPORT
AND RECOMMENDATION

vs.

ROCKWELL COLLINS, INC.; DOES 1-10;
ENTITIES 1-10,

Case No. 2:12-CV-1107
Judge Dee Benson

Defendants.

Before the court is the Report and Recommendation issued by United States Magistrate
Judge Paul M. Warner on July 17, 2013, recommending that this court: (1) deny Plaintiff’s
motion to remand; (2) order the Clerk of the Court to correct the docket sheet to indicate that the
basis for this court’s jurisdiction in this matter is diversity of citizenship; and (3) order the Clerk
of the Court to correct both the civil cover sheet and the docket sheet in this case to reflect
plaintiff’s jury demand.
The parties were notified of their right to file objections to the Report and
Recommendation within fourteen (14) days after receiving it. On August 1, 2013, the Plaintiff
filed his “Objection to Report and Recommendation.” (Dkt. No. 30.) On August 14, 2013,

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Defendant Rockwell Collins, Inc. filed its “Response to Plaintiff’s Objection to Report and
Recommendation.” (Dkt. No. 32.)
Having reviewed all relevant materials, including Plaintiff’s pro se objection,
Defendant’s response, the record that was before the magistrate judge, and the reasoning set
forth in the magistrate judge’s Report and Recommendation, the court agrees with the analysis
and conclusion of the magistrate judge. Moreover, as Defendant points out in its Response, the
arguments raised in Plaintiff’s Objection are not supported by any legal authority and were
carefully considered and rejected by the magistrate judge.
Accordingly, the court ADOPTS the Report and Recommendation and issues the
following Order. Plaintiff’s motion to remand is DENIED. The Clerk of the Court is ordered to
correct the docket sheet to indicate that the basis for this court’s jurisdiction in this matter is
diversity of citizenship. The Clerk of the Court is further ordered to correct both the civil cover
sheet and the docket sheet in this case to reflect Plaintiff’s jury demand.
DATED this 16th day of August, 2013.

_________________________________
Dee Benson
United States District Judge

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