Opinion
CIVIL ACTION NO. 21-00052-BAJ-SDJ
05-10-2021
TONY NICK POSTON, JR. v. COTTONMOUTH BOATS, LLC, ET AL.
RULING AND ORDER
Before the Court is Defendant Cottonmouth Boats, LLC's Motion to Remand and for Attorney's Fees and Costs (Doc. 5). The Motion was untimely opposed by Plaintiff. (Doc. 8). The Magistrate Judge has issued a Report and Recommendation (Doc. 9), recommending that the Court grant Defendant's Motion and remand this case to the 23rd Judicial District Court for further proceedings. The Magistrate Judge further recommended that the Court deny Defendant's request for attorney's fees and costs because Defendant has not articulated the amount of fees and costs it desires. The Report and Recommendation is unopposed.
Having carefully considered the underlying Complaint, the instant Motions, and related filings, the Court APPROVES the Magistrate Judge's Report and Recommendation, and ADOPTS it as the Court's opinion herein.
Accordingly,
IT IS ORDERED that Defendant's Motion to Remand (Doc. 5) is GRANTED. The action is REMANDED to the 23rd Judicial District Court for further proceedings.
IT IS FURTHER ORDERED that Defendant's request for an award of attorney's fees and costs is DENIED.
Baton Rouge, Louisiana, this 10th day of May, 2021
/s/ _________
JUDGE BRIAN A. JACKSON
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA