Walker v. BNSF Railway Company et al, No. 1:2020cv00097 - Document 27 (D. Mont. 2021)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL AND GRANTING 12 Motion to Remand. Clerk emailed acknowledgment letter, docket sheet and all PDF's to Yellowstone County State Court for processing) Signed by Judge Susan P. Watters on 3/29/2021. (AMC)
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Walker v. BNSF Railway Company et al Doc. 27 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION GINA WALKER,DAVID FLEMING, and MYRNA FLEMING, CV 20-97-BLG-SPW Plaintiffs, ORDER ADOPTING FINDINGS AND vs. RECOMMENDATIONS BNSF RAILWAY COMPANY, MARK ENGDAHL,and DOES 1-10, Defendants. Before the Court are U.S. Magistrate Judge Cavan's Findings and Recommendations(Doc. 24)on a Motion to Remand filed by Plaintiffs Gina Walker, David Fleming, and Myma Fleming(Doc. 12). Defendants BNSF Railway Company, Mark Engdahl, and Does 1-10 timely lodged an objection (Doc. 25), to which Plaintiffs responded (Doc. 26). For the following reasons. Judge Cavan's Findings and Recommendations are adopted in full and the matter shall be remanded to Montana State District Court. 1. Background Plaintiffs are seeking remand oftheir case back to Montana State District Court. (Doc 12). This matter was originally filed in the Montana Thirteenth Judicial District when BNSF,a Delaware corporation with its principle place of 1 Dockets.Justia.com
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