Fortner Honey, Inc. v. Allianz Global Risks US Insurance Company, No. 1:2022cv00013 - Document 41 (D. Mont. 2022)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. IT IS ORDERED that Judge DeSoto's Findings and Recommendations (Doc. 30) are ADOPTED. IT IS FURTHER ORDERED that Plaintiff Fortner Honey, Inc. 's Motion to Remand (Doc. 2) is DENIED, and its M otion for Leave to Amend (Doc. 24) is GRANTED as to joining National Surety Corportation as a Defendant and DENIED as to joining Montana Claims Service as a Defendant. Plaintiffs Motion to Certify is DENIED. Signed by Judge Susan P. Watters on 9/29/2022. (AMC)
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Fortner Honey, Inc. v. Allianz Global Risks US Insurance Company Doc. 41 Case 1:22-cv-00013-SPW-KLD Document 41 Filed 09/29/22 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION FORTNER HONEY,INC., CV 22-13-BLG-SPW Plaintiff, ORDER ADOPTING vs. FINDINGS AND ALLIANZ GLOBAL RISKS US RECOMMENDATIONS INSURANCE COMPANY and TREVOR WARE, Defendants. Before the Court are U.S. Magistrate Judge Kathleen DeSoto's Findings and Recommendations regarding Plaintiff Fortner Honey's Motion to Remand (Doc. 2) and Motion for Leave to File an Amended Complaint(Doc. 24). (Doc. 30). Judge DeSoto recommended denying the Motion to Remand, concluding that diversity jurisdiction exists because Defendant Trevor Ware was fraudulently joined. (Doc. 30 at 29). Judge DeSoto also recommended denying the Motion for Leave to File an Amended Complaint as to proposed Defendant Montana Claims Service but granting the motion as to proposed Defendant National Surety Corporation. (Doc. 30 at 29). Plaintiff timely objected, alleging that Judge DeSoto misapplied state law when determining that Ware was improperly joined and misinterpreted the 1 Dockets.Justia.com Case 1:22-cv-00013-SPW-KLD Document 41 Filed 09/29/22 Page 2 of 10 Case 1:22-cv-00013-SPW-KLD Document 41 Filed 09/29/22 Page 3 of 10 Case 1:22-cv-00013-SPW-KLD Document 41 Filed 09/29/22 Page 4 of 10 Case 1:22-cv-00013-SPW-KLD Document 41 Filed 09/29/22 Page 5 of 10 Case 1:22-cv-00013-SPW-KLD Document 41 Filed 09/29/22 Page 6 of 10 Case 1:22-cv-00013-SPW-KLD Document 41 Filed 09/29/22 Page 7 of 10 Case 1:22-cv-00013-SPW-KLD Document 41 Filed 09/29/22 Page 8 of 10 Case 1:22-cv-00013-SPW-KLD Document 41 Filed 09/29/22 Page 9 of 10 Case 1:22-cv-00013-SPW-KLD Document 41 Filed 09/29/22 Page 10 of 10
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