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16-163 - Sima Properties, L.L.C. v. Cooper et al(JOINT ASSIGN)(MAG2)


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16-163 - Sima Properties, L.L.C. v. Cooper et al(JOINT ASSIGN)(MAG2)
June 9, 2016
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REPORT AND RECOMMENDATION that Plaintiffs 5 Motion to Remand is due to be GRANTED and this cause be remanded to the Circuit Court of Montgomery County, Alabama, for lack of subject matter jurisdiction. The Defendants have not met their burden to show federal question jurisdiction. The Magistrate Judge further RECOMMENDS that Plaintiffs request for attorneys fees and costs under § 1447(c) is due to be DENIED. Objections to R&R due by 6/23/2016. Signed by Honorable Judge Paul W. Greene on 6/9/2016. (dmn, )
June 29, 2016
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6/29/2016. Copy mailed to Clerk, Circuit Court of Montgomery County, AL. (dmn, )ORDER: It is ORDERED that (1) The 17 Recommendation of the Magistrate Judge is ADOPTED; (2) Plaintiff's 5 Motion to Remand is GRANTED; (3) This case is REMANDED to the Circuit Court of Montgomery County, Alabama for lack of subject matter jurisdiction; and (4) Plaintiff's request for attorney's fees and costs under § 1447(c) is DENIED. The Clerk of the Court is DIRECTED to take the steps necessary to effectuate the remand. Signed by Chief Judge William Keith Watkins on