Semidey v. General Noli USA, Inc.

United States District Court for the Southern District of Florida

Semidey v. General Noli USA, Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 24-61946-CIV-SMITH

CARMEN SEMIDEY, as Personal Representative of the Estate of FLORENCIO SEMIDEY,

Plaintiff,

v.

GENERAL NOLI USA, INC., a Foreign Corporation,

Defendant. ______________________________________/

ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court upon the Magistrate Judge’s Report and Recommendation [DE 14] on Plaintiff’s Motion to Remand [DE 5] and Defendant’s Objections [DE 18]. Plaintiff filed a response to Defendant’s Objections [DE 22]. In his thorough and well-reasoned Report and Recommendation [DE 14], Magistrate Judge Hunt recommends that Plaintiff’s Motion to Remand [DE 5] be GRANTED. A district court may accept, reject, or modify a magistrate judge’s report and recommendation.

28 U.S.C. § 636

(b)(1). Those portions of the report and recommendation to which objections are made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz,

565 F.3d 1353, 1360

(11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). The Court, having considered Judge Hunt’s Report, Defendant’s objections thereto, and having conducted a de novo review of the record, agrees with Judge Hunt’s well-reasoned analysis and his recommendation that the Motion to Remand be granted. Accordingly, it is ORDERED that: 1. Plaintiff's Motion to Remand [DE 5] is GRANTED. 2. The Clerk is directed to REMAND this case to the Seventeenth Judicial Circuit in and for Broward County, Florida. 3. Plaintiffs request for an award of just costs and actual expenses, including attorney’s fees, incurred as a result of the removal is DENIED. 4. All pending motions not otherwise ruled upon are DENIED as moot. 5. This case is CLOSED. DONE AND ORDERED in Fort Lauderdale, Florida on this 20th day of August 2025. ce: counsel of record RODNEY SMITH UNITED STATES DISTRICT JUDGE

Reference

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