Adame v. PetSmart LLC Case remanded to The County Court at Law No. 4 of Nueces County, Texas, as of 3/30/2022.
Adame v. PetSmart LLC Case remanded to The County Court at Law No. 4 of Nueces County, Texas, as of 3/30/2022.
Trial Court Opinion
UNITED STATES DISTRICT COURT March 30, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION
DANIEL ADAME, § § Plaintiff, § § VS. § CIVIL ACTION NO. 2:21-CV-00191 § PETSMART LLC, et al., § § Defendants. §
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO REMAND THIS CASE TO STATE COURT On March 15, 2022, United States Magistrate Judge Jason B. Libby issued a “Memorandum and Recommendation to Remand this Case to State Court” (M&R, D.E. 19). The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge’s M&R. Fed. R. Civ. P. 72(b);
28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been timely filed. When no timely objection to a magistrate judge’s M&R is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge’s M&R. Guillory v. PPG Industries, Inc.,
434 F.3d 303, 308(5th Cir. 2005) (citing Douglass v. United Services Auto Ass’n,
79 F.3d 1415, 1420(5th Cir. 1996)). Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge’s M&R (D.E. 19), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the 1 / 2 Magistrate Judge. Accordingly, Defendant’s Motion to Strike (D.E. 17) is DENIED, Plaintiff's Motion for Leave to Amend is GRANTED, and Plaintiff's Motion to Remand (D.E. 11) is GRANTED. Consequently, the Unopposed Motion to Amend Scheduling Order is DENIED as moot. This action is REMANDED to the County Court at Law No. 4 of Nueces County, Texas. ORDERED on March 30, 2022. iehy GONZAIGS RAMOS UNITED STATES DISTRICT JUDGE
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