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09-393 - Messerlian et al v. A.O. Smith Corporation et al


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09-393 - Messerlian et al v. A.O. Smith Corporation et al
December 29, 2009
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REPORT AND RECOMMENDATIONS recommending that the District Court, pursuant to 28 U.S.C. § 1334(c)(1) and 28 U.S.C. § 1452(b), exercise its discretion to GRANT Plaintiffs' Motions to Remand (Document No. 8 in C.A. Nos. 09-393S and 09-395S; Document No. 7 in 09-394S and 09-396S) these asbestos injury cases back to Rhode Island Superior Court, Providence County. Further, recommending that Plaintiffs' accompanying request for a discretionary award of attorneys' fees under 28 U.S.C. § 1447(c) be DENIED because Plaintiffs have not established that DDC's decision to remove these cases was objectively unreasonable at the time. See Martin v. Franklin Capital Corp., 546 U.S. 132, 141 (2005). In particular, it is noted that the cases relied upon in this recommendation (Diaz, Lent, Gilbert and Hendricks) were all decided after DDC filed for removal in these four cases. (7 in 1:09-cv-00394-S-DLM) MOTION to Remand filed by Arletta Cone, (8 in 1:09-cv-00393-S-LDA) MOTION to Remand filed by Alan Messerlian, Jo-Ann Messerlian, (8 in 1:09-cv-00395-S-DLM) MOTION to Remand filed by Janice Makin, (7 in 1:09-cv-00396-S-LDA) MOTION to Remand filed by Lisa Kroskob ( Objections to R&R due by 1/12/2010). So Ordered by Magistrate Judge Lincoln D. Almond on 12/29/09. (Noel, Jeannine)
January 25, 2010
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ORDER granting (8) Motion to Remand; adopting (14) Report and Recommendations in case 1:09-cv-00393-S-LDA; granting (7) Motion to Remand; adopting (12) Report and Recommendations in case 1:09-cv-00394-S-DLM; granting (8) Motion to Remand; adopting (14) Report and Recommendations in case 1:09-cv-00395-S-DLM; granting (7) Motion to Remand; adopting (21) Report and Recommendations in case 1:09-cv-00396-S-LDA in case 1:09-cv-00393-S-LDA. So Ordered by Judge William E. Smith on 1/21/10. (Jackson, Ryan)