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17-117 - Life in Christ Fellowship of Abilene v. Allied Property and Casualty Insurance Company et al


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17-117 - Life in Christ Fellowship of Abilene v. Allied Property and Casualty Insurance Company et al
January 9, 2018
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Report and Recommendation re: 4 Motion to Remand to State Court filed by Life in Christ Fellowship of Abilene and 6 Response/Objection filed by Allied Property and Casualty Insurance Company. It is RECOMMENDED that the Court FIND that Defendant Allied Property and Casualty Insurance Company has not carried its burden to show the existence of federal jurisdiction and that it properly removed the case from state court. Consequently, the Court should GRANT Plaintiff's Motion to Remand 4 and REMAND this case to the 42nd District Court of Taylor County, Texas. Because the parties have not consented to proceed before a United States Magistrate Judge, the undersigned directs the Clerk of Court to REASSIGN this case to Senior District Judge Sam R. Cummings. Case reassigned to Senior Judge Sam R Cummings for all further proceedings. Magistrate Judge E. Scott Frost no longer assigned to case. (Ordered by Magistrate Judge E. Scott Frost on 1/9/2018) (jak)
March 2, 2018
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ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. Although Defendant filed a timely objection within 14 days from the date of the Report and Recommendation, the Court finds that Defendant's Objections should be OVERRULED. For the reasons states in the Report and Recommendation of the United States Magistrate Judge, the Court finds that Defendant Allied Property and Casualty Insurance Company has failed to carry its burden to show the existence of federal jurisdiction. Consequently, all doubts are to be resolved in favor of remand. Therefore, the Court GRANTS Plaintiff's Motion to Remand pursuant to 28 U.S.C. ยง 1447(c) and REMANDS the above-styled and -numbered civil action to the 42nd Judicial District Court of Taylor County, Texas. The Clerk of the Court mailed a copy of this Order to the District Clerk of Taylor County, Texas. (Ordered by Senior Judge Sam R Cummings on 3/2/2018) (jmc) Modified on 3/7/2018 (jmc).