JOHNSON et al v. GLOBUS MEDICAL, INC. et al
| CHRISTINE O. JOHNSON and LARRY JOHNSON |
| GLOBUS MEDICAL, INC. and ANONYMOUS PHYSICIAN (JKC) |
| 1:2014cv00730 |
| May 9, 2014 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Sarah Evans Barker |
| Mark J. Dinsmore |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1441 Petition for Removal- Product Liability |
| Defendant |
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Filing
36
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 31 Report and Recommendations re 29 Motion to Compel filed by GLOBUS MEDICAL, INC. We adopt Magistrate Judge Dinsmore's Report andRecommendation to remand this case to state court for lac k of subject matter jurisdiction. This case is REMANDED. The Clerk is directed to take the necessary administrative steps to effect its transfer to the Marion Superior Court from whence it was originally removed. Signed by Judge Sarah Evans Barker on 1/5/2015. (AH)
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Filing
31
REPORT AND RECOMMENDATIONS re 29 MOTION to Compel ; For the aforementioned reasons, the Court should order that the matter be REMANDED to state court for all further proceedings. Because no evidence has been presented to demonstrate that Glob us was aware of the lack of diversity at the time of removal, the Court finds that no award of costs or expenses pursuant to 28 U.S.C. § 1447(c) is warranted for improper removal. Any objections to the Magistrate Judge's Report and Recomm endation shall be filed with the Clerk in accordance with 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b), and failure to timely file objections within fourteen days after service shall constitute a waiver of subsequent review absent a showing of good cause for such failure. Signed by Magistrate Judge Mark J. Dinsmore on 10/16/2014.(CKM)
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