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17-373 - Lett v. Classic Buick-GMC-Cadillac (JOINT ASSIGN)(MAG+)


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17-373 - Lett v. Classic Buick-GMC-Cadillac (JOINT ASSIGN)(MAG+)
February 22, 2018
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REPORT AND RECOMMENDATION that: (1) the motion to dismiss filed by defendant Warranty Support Services, LLC (Doc. 22) be DENIED; (2) this case be DISMISSED without prejudice for lack of subject matter jurisdiction; (3) the motions to compel arbitration, and stay pending the same (Docs. 11 and 19), filed by SAI Montgomery BCH LLC d/b/a Classic Buick-GMC-Cadillac in response to the original and amended complaints, be DENIED due to the court's lack of subject matter jurisdiction; (4) plaintiffs motion for a retrial (Doc. 28) is likewise due to be denied given the courts lack of subject matter jurisdiction. Objections to R&R due by 3/8/2018. Signed by Honorable Judge Susan Russ Walker on 2/22/2018. (dmn, ) Modified on 3/23/2018 to add the link to the 11 motion to stay (qc/wcl, ).
March 26, 2018
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OPINION AND ORDER: it is ORDERED as follows: 1) Plf's 33 objection, contained within the second amended complaint, is overruled; 2) The US Magistrate Judge's 31 recommendation is adopted; 3) Dft Warranty Support Services, LLC's 22 motion to dismiss is denied; 4) The 16 amended complaint is dismissed without prejudice due to lack of subject matter jurisdiction; 5) Plf's 32 motion for judgment on the merits is denied as moot; All other pending motions are denied with leave to renew. Signed by Honorable Judge Myron H. Thompson on 3/26/2018. (alm, )