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16-078 - Childers v. Life of the South Insurance Company (JOINT ASSIGN)(MAG2)


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16-078 - Childers v. Life of the South Insurance Company (JOINT ASSIGN)(MAG2)
April 18, 2016
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REPORT AND RECOMMENDATION: The Magistrate Judge RECOMMENDS that Plaintiff's 8 motion to amend complaint is due to be GRANTED, that Plaintiff's proposed First Amended Complaint (Doc. 8-1) is due to be filed in this case, and that this cause be remanded to the Circuit Court of Tallapoosa County, Alabama, for lack of subject matter jurisdiction. Because this court lacks subject matter jurisdiction, the court should decline to enter any ruling on LOTS' 3 motion to dismiss, and that motion should remain pending for adjudication by the state court. Objections to R&R due by 5/2/2016. Signed by Honorable Judge Paul W. Greene on 4/18/2016. (kh, )
June 20, 2016
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ORDERED that: (1) Defendant' Objections (Doc. # 16) are OVERRULED; (2) The Recommendation (Doc. # 15) is ADOPTED; (3) Plaintiff's Motion to Amend Complaint (Doc. # 8) is GRANTED; (4) Plaintiff is ORDERED to file the First Amended Complaint (Doc. # 8-1) by June 24, 2016; (5) Effective June 25, 2016, this case is REMANDED to the Circuit Court of Tallapoosa County, Alabama, for lack of subject matter jurisdiction; and (6) Because this court lacks subject matter jurisdiction, it declines to enter a decision on Defendant's Motion to Dismiss (Doc. # 3), which shall remain pending for adjudication by the state court. Signed by Chief Judge William Keith Watkins on 6/20/2016. (kh, )