Simpson et al v. Primerica Life Insurance, Co. et al (MAG2), No. 2:2016cv00701 - Document 20 (M.D. Ala. 2017)

Court Description: OPINION AND ORDER: Accordingly, it is the ORDER, JUDGMENT, and DECREE of the court that: (1) The objection (doc. no. 18 ) is overruled. (2) The magistrate judges recommendation (doc. no. 17 ) is adopted. (3) The plaintiffs motion to remand (doc. no. 7 ) is granted. (4) Pursuant to 28 U.S.C. § 1447(c), this cause is remanded to the Circuit Court of Montgomery County, Alabama. The clerk of the court is DIRECTED to take appropriate steps to effect the remand. This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 6/30/2017. (kh, )

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Simpson et al v. Primerica Life Insurance, Co. et al (MAG2) Doc. 20 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION CHARLENE HAYES SIMPSON and ) JOISHA ARTOR SIMPSON, ) ) Plaintiffs, ) ) v. ) ) PRIMERICA LIFE INSURANCE ) CO., and ROBERT NELSON, ) individually and in his ) official capacity, ) ) Defendants. ) CIVIL ACTION NO. 2:16cv701-MHT (WO) OPINION AND ORDER Plaintiffs asserting filed that this lawsuit defendants, in without state court authorization, withdrew funds from plaintiffs’ bank account, and that this withdrawal led ultimately to the repossession of plaintiffs’ vehicle. Defendants removed this case to federal court on the basis of diversity jurisdiction. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that the plaintiffs’ remand motion be granted and that the case be remanded to subject-matter jurisdiction. state court for lack of Also before the court is Dockets.Justia.com defendants’ objection to the recommendation. After an independent and de novo review of the record, the court concludes that the magistrate judge’s recommendation should be adopted. *** Accordingly, it is the ORDER, JUDGMENT, and DECREE of the court that: (1) The objection (doc. no. 18) is overruled. (2) The magistrate judge’s recommendation (doc. no. 17) is adopted. (3) The plaintiffs’ motion to remand (doc. no. 7) is granted. (4) Pursuant to 28 U.S.C. § 1447(c), this cause is remanded to the Circuit Court of Montgomery is DIRECTED County, Alabama. The clerk of the court to take appropriate steps to effect the remand. This case is closed in this court. DONE, this the 30th day of June, 2017. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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