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describing the list of federal courts denying remand as “large and growing”
Summary of this case from C anine v. Sam's E, Inc.Opinion
Civil Action 4:21-cv-00260
10-25-2021
CHARLES OTIS HERRING and PAMELA HERRING, Plaintiffs. v. TRUEBLUE PEOPLE READY, INC. AND RENEWABLE ENERGY SYSTEMS AMERICAS, INC., Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
GEORGE C HANKS, JR. UNITED STATES DISTRICT JUDGE
On September 17, 2021, all dispositive pretrial matters and all non-dispositive pretrial matters was referred to United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1)(B). See Dkt. 28. Judge Edison filed a Memorandum and Recommendation on September 27, 2021, recommending that Plaintiffs' motion to remand (Dkt. 15) be DENIED. See Dkt. 29.
On October 18, 2021, Plaintiffs filed their Objections. In accordance with 28 U.S.C. § 636(b)(1)(C), this Court is required to “make a de novo determination of those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection [has been] made.” After conducting this de novo review, the Court may “accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” Id.; see also FED. R. CIV. P. 72(b)(3). The Court has carefully considered the Objections; the Memorandum and Recommendation; the pleadings; and the record. The Court ACCEPTS Judge Edison's Memorandum and Recommendation and ADOPTS it as the opinion of the Court. It is therefore ORDERED that:
Plaintiffs untimely filed their objections. The Court nonetheless chooses to apply the de novo standard of review.
(1) Judge Edison's Memorandum and Recommendation (Dkt. 29) is APPROVED and ADOPTED in its entirety as the holding of the Court; and
(2) Plaintiff's motion to remand (Dkt. 15) is DENIED.
It is so ORDERED.