Heitz v. Vitas Innovative Hospice Care et al, No. 3:2011cv00211 - Document 28 (S.D. Ohio 2011)
Court Description: DECISION AND ENTRY - It is therefore ORDERED that: 1. The Report and Recommendations filed on October 18, 2011 (Doc. # 27 ) is ADOPTED in full;2. Plaintiffs Amended Motion to Amend Complaint and to Add Parties (Doc.# 26 ) is GRANTED, in part, as to t he addition of Sherrie Young and VitasHealthcare Corporation of Ohio as Defendants, and DENIED, in part, as moot as to Chemed Corporation and Natalie Williams; 3. Plaintiffs Motion to Remand (Doc. # 13 ) is GRANTED, in part, as to Plaintiffs request to remand this case to state court; 4. Plaintiffs Motion to Remand (Doc. # 13 ) is DENIED, in part, as to Plaintiffs request for court costs, expenses, and attorney fees because there was an objectively reasonable basis for Defendant Sunrise Senior L iving Services, Inc. to seek removal; 5. The case is REMANDED to the Clerk of Courts, Court of Common Pleas, Montgomery County, Ohio for further proceedings; and, 6. This case is TERMINATED on the docket of this Court.. Signed by Judge Thomas M Rose on 11/7/11. (pb1)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON MARGARET A. HEITZ, : Plaintiff, : Case No. 3:11cv00211 vs. : District Judge Thomas M. Rose Magistrate Judge Sharon L. Ovington VITAS INNOVATIVE HOSPICE CARE, et al., : : Defendants. DECISION AND ENTRY The Court has reviewed de novo the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. # 27), to whom this case was originally referred pursuant to 28 U.S.C. ยง636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby adopts said Report and Recommendations. It is therefore ORDERED that: 1. The Report and Recommendations filed on October 18, 2011 (Doc. #27) is ADOPTED in full; 2. Plaintiff s Amended Motion to Amend Complaint and to Add Parties (Doc. #26) is GRANTED, in part, as to the addition of Sherrie Young and Vitas Healthcare Corporation of Ohio as Defendants, and DENIED, in part, as moot as to Chemed Corporation and Natalie Williams; 3. Plaintiff s Motion to Remand (Doc. #13) is GRANTED, in part, as to Plaintiff s request to remand this case to state court; 4. Plaintiff s Motion to Remand (Doc. #13) is DENIED, in part, as to Plaintiff s request for court costs, expenses, and attorney fees because there was an objectively reasonable basis for Defendant Sunrise Senior Living Services, Inc. to seek removal; 5. The case is REMANDED to the Clerk of Courts, Court of Common Pleas, Montgomery County, Ohio for further proceedings; and, 6. This case is TERMINATED on the docket of this Court. November 7, 2011 *s/THOMAS M. ROSE Thomas M. Rose United States District Judge 2
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