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16-086 - HNH Works, Inc. v. Ohio National Life Assurance Corporation et al (JOINT ASSIGN)(MAG2)


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16-086 - HNH Works, Inc. v. Ohio National Life Assurance Corporation et al (JOINT ASSIGN)(MAG2)
April 28, 2016
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REPORT AND RECOMMENDATION: the Magistrate Judge RECOMMENDS that Plaintiff's 11 motion to remand is due to be GRANTED, and this case is due to be REMANDED to the Circuit Court of Bullock, County, Alabama, for lack of subject matter jurisdiction at the time of removal. Because this court lacks subject matter jurisdiction, the court should decline to enter any ruling on Defendant Crisp's 10 motion to dismiss, and that motion should remain pending for adjudication by the state court. Objections to R&R due by 5/12/2016. Signed by Honorable Judge Paul W. Greene on 4/28/2016. (kh, )
June 6, 2016
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ORDER that: (1) Defendants 34 Objections are OVERRULED; (2) The 32 Recommendation is ADOPTED; (3) Plaintiffs 11 Motion to Remand is GRANTED; and (4) This case is REMANDED to the Circuit Court of Bullock County, Alabama, for lack of subject matter jurisdiction at the time of removal. The Clerk of the Court is DIRECTED to take the steps necessary to effectuate the remand. Signed by Chief Judge William Keith Watkins on 6/6/2016. (Attachments: # (1) Civil Appeals Checklist) Copy mailed to Clerk, Circuit Court of Bullock County, AL. (dmn, )