Opinion
23-cv-23018-BLOOM/Torres
12-01-2023
MSP RECOVERY CLAIMS, SERIES LLC, and MSP RECOVERY CLAIMS, SERIES 44 LLC, Plaintiffs, v. ACE PROPERTY AND CASUALTY INSURANCE COMPANY, ACE INSURANCE COMPANY OF THE MIDWEST, ACE FIRE UNDERWRITERS INSURANCE COMPANY, and ACE AMERICAN INSURANCE COMPANY, Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS
BETH BLOOM UNITED STATES DISTRICT JUDGE
THIS CAUSE is before the Court upon Plaintiffs MSP Recovery Claims, Series LLC, and MSP Recovery Claims, Series 44 LLC's (“Plaintiffs”) Motion for Remand, ECF No. [13], filed on September 11, 2023 (“Motion”). The Motion was previously referred to the Honorable Alicia M. Otazo-Reyes for a Report and Recommendations (“R&R”) on all dispositive matters. See ECF No. [22]. On November 16, 2023, the Magistrate Judge issued a R&R recommending that the Motion be granted in part and denied in part. ECF No. [33]. The R&R states that the parties shall file any objections within fourteen days of the date of service of a copy of the R&R. Id. To date, the parties have filed no objections, nor have they sought additional time in which to do so.
Nevertheless, the Court has conducted a de novo review of the R&R and the record in this case and is otherwise fully advised in the premises. See Williams v. McNeil, 557 F.3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)). Upon review, the Court finds the R&R to be well reasoned and correct. The Court therefore agrees with the analysis in the R&R and concludes that the Motion must be granted in part and denied in part for the reasons set forth therein.
Accordingly, it is ORDERED and ADJUDGED as follows:
1. The R&R, ECF No. [33], is ADOPTED;
2. The Motion, ECF No. [13], is GRANTED IN PART AND DENIED IN PART;
3. Plaintiff's Motion to Remand is GRANTED;
4. Plaintiff's request for attorney's fees and costs incurred in connection with the Motion for Remand is DENIED;
5. All other pending motions are DENIED AS MOOT;
6. This case is REMANDED to the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida; and
7. The Clerk shall CLOSE this case.
DONE AND ORDERED in Chambers at Miami, Florida, on December 1, 2023.