UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION

CHARITY MONIQUE RUSSELL CIVIL ACTION NO. 20-0805

VERSUS CHIEF JUDGE HICKS

IRVING PLACE ASSOCIATES L P, ET AL. MAGISTRATE JUDGE HORNSBY

ORDER

Before the Court is Plaintiff’s Motion to Remand (Record Document 8) for lack of subject matter jurisdiction. The Magistrate Judge has filed a Report and Recommendation previously which recommends that the motion be granted and this case be remanded to state court. After briefing was completed and the Report and Recommendation had already been issued, the Fifth Circuit issued decisions that rejected similar asserted grounds for removal and affirmed remand in other cases involving comparable claims. Mitchell v. Advanced HCS, LLC,

(5th Cir. 2022); Perez ex rel. Estate of Lozano v. Southeast SNF, LLC,

(5th Cir. 2022). Two other circuits have similarly rejected the removal arguments presented in this case. Maglioli v. Alliance HC Holdings, LLC,

(3rd Cir. 2021); Saldana v. Glenhaven Healthcare, LLC,

(9th Cir. 2022). Having thoroughly reviewed the record, including the Report and Recommendation of the Magistrate Judge and written objections filed, considering the Mitchell precedent and other persuasive decisions cited above, and concurring with the findings of the Magistrate Judge under the applicable law; IT IS ORDERED that Plaintiffs Motion to Remand (Record Document 8) is GRANTED for lack of subject matter jurisdiction, and this case is REMANDED to the First Judicial District Court, Caddo Parish, Louisiana. THUS DONE AND SIGNED at Shreveport, Louisiana, this the 5th day of July, 2022. “ . ; S. MAURICE HICKS, JR., CHIEF JUDGE UNITED STATES DISTRICT COURT