Cooper v. City of Westerville, Ohio et al - Document 28

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION TIM H. COOPER, Plaintiff, vs. Civil Action 2:11-CV-638 Judge Graham Magistrate Judge King CITY OF WESTERVILLE, et al., Defendants. ORDER This action was removed to this Court pursuant to 28 U.S.C. §1441 as one arising under federal law with supplemental state law claims. Thereafter, plaintiff’s unopposed motion for leave to amend the complaint in order to remove all federal claims was granted. Order and Report and Recommendation, Doc. No. 21. The United States Magistrate Judge also recommended that plaintiff’s motion to remand the action to state court, which was also unopposed, be granted. Id. The parties represent that “[n]o party objects to the recommendation to remand.” Joint Motion of the Parties to Continue Status Conference, Doc. No. 23. Under these circumstances, the Report and Recommendation, Doc. No. 21, is ADOPTED and AFFIRMED. Plaintiff’s Motion to Remand, Doc. No. 18, is GRANTED. This action is hereby ORDERED REMANDED to the Court of Common Pleas for Delaware County, Ohio. Date: September 29, 2011 s/James L. Graham James L. Graham United States District Judge