Opinion
CIVIL ACTION 20-288-SDD-EWD
03-29-2021
PESCH v. PROGRESSIVE NORTHWESTERN INSURANCE COMPANY, ET AL.
RULING
The Court has carefully considered the Motion , the record, the law applicable to this action, and the Report and Recommendations of United States Magistrate Judge Erin Wilder-Doomes, dated February 23, 2021, to which no objection was filed.
Rec. Doc. 10.
Rec. Doc. 19. --------
The Court hereby approves the Report and Recommendations of the Magistrate Judge and adopts it as the Court's herein.
ACCORDINGLY, the Motion to Remand is hereby GRANTED, IN PART, and this matter is to be REMANDED to the Twenty-Third Judicial District Court, Parish of Ascension, State of Louisiana, as it was untimely removed.
IT IS FURTHER ORDERED that Plaintiff's request for an award of costs and attorneys' fees under 28 U.S.C. § 1447(c) is hereby DENIED.
Judgment will be entered accordingly.
Signed in Baton Rouge, Louisiana on March 29, 2021.
/s/ _________
CHIEF JUDGE SHELLY D. DICK
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA