Thurman v. Allstate Insurance Company

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

Floyd Thurman, Plaintiff, Case No. 3:23-cv-314 V. District Judge Thomas M. Rose Magistrate Judge Caroline H. Gentry Allstate Insurance Company, et al.,

Defendants.

ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE (DOC. 11), AND REMANDING TO THE COURT OF COMMON PLEAS, MONTGOMERY COUNTY, OHIO.

This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge. (Doc. 11.) On November 7, 2023, Magistrate Judge Caroline H. Gentry issued an order to show cause, questioning whether diversity jurisdiction was present. (Doc. 7.) Defendant responded on November 21, 2023. (Doc. 10.) On December 14, 2023, the Magistrate Judge issued the Report and Recommendation, (doc. 11), concluding that diversity Jurisdiction was not present and informing the parties that objections were due by December 28, 2023. (Id.) No objections have been filed.

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Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). The Court has reviewed the findings of the Magistrate Judge. Pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), this Court has made a de novo review of the record in this case. Upon consideration of the foregoing, the Court ADOPTS the Report and Recommendations (Doc. 11) in its entirety. The instant case is REMANDED to the Court of Common Pleas, Montgomery County, Ohio. DONE and ORDERED this Thursday, January 04, 2024.

s/THOMAS M. ROSE

THOMAS M. ROSE UNITED STATES DISTRICT JUDGE