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16-3007 - Avila et al v. Metropolitan Lloyds Insurance Company of Texas et al


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16-3007 - Avila et al v. Metropolitan Lloyds Insurance Company of Texas et al
February 21, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The undersigned concludes that the Court should grant Plaintiffs' Motion to Remand [Dkt. No. 6] and remand this action to the County Court at Law No. 2, Kaufman County, Texas from which it originated. (Ordered by Magistrate Judge David L. Horan on 2/21/2017) (mcrd)
April 3, 2017
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ORDER: The court concludes that the 16 Findings and Conclusions of the Magistrate Judge are correct, and accepts them as those of the court. Granting 6 Motion to Remand to State Court, but denies Plaintiffs' request for attorney's fees. The clerk of the court is directed to effect the remand in accordance with the usual procedure. Further, the court determines that any request by Defendants to sever and abate Plaintiffs' extra-contractual can be addressed by the court in the state court action. The court, therefore, denies without prejudice Defendants' Motion to Sever and Abate (Doc. 17). (Ordered by Judge Sam A Lindsay on 4/3/2017) (ndt)