Summary
granting motion to remand where language of complaint was unclear but the plaintiff demonstrated to the defendants and to the court through a motion to remand that he intended "to eschew claims based on federal law"
Summary of this case from Tate v. NakashyanOpinion
No. CIV 09-390-TUC-CKJ (JCG).
September 17, 2009
ORDER
On August 27, 2009, Magistrate Judge Jennifer C. Guerin issued a Report and Recommendation [Doc. # 11] in which she recommended that Plaintiff's Motion to Remand [Doc. # 5] be granted and Defendants' Motion to Dismiss and Motion to Strike [Doc. # 4] be dismissed as moot. The magistrate judge advised the parties that written objections to the Report and Recommendation were to be filed within ten days of service of a copy of the Report and Recommendation pursuant to 28 U.S.C. § 636(b). No objections have been filed.
Accordingly, after an independent review, IT IS ORDERED:
1. The Report and Recommendation [Doc. # 11] is ADOPTED.
2. Plaintiff's Motion to Remand [Doc. # 5] is GRANTED.
3. Defendants' Motion to Dismiss and Motion to Strike [Doc. # 4] are DENIED AS MOOT.
4. This matter is REMANDED to the Pima County Superior Court (Cause # C20091791);
5. The Clerk of the Court shall mail a certified copy of this Order to the Clerk of the Pima County Superior Court; and
6. The Clerk of the Court shall then close its file in this matter.