H & M Farms, Inc. v. Cargill, Incorporated et al
| H & M Farms, Inc. |
| Leon Vanden Berge and Cargill, Incorporated |
| 8:2012cv00101 |
| March 13, 2012 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Laurie Smith Camp |
| F.A. Gossett |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1332 Diversity-Petition for Removal |
| None |
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Filing
21
MEMORANDUM AND ORDER - The magistrate judge's findings and recommendation (filing 15 ) is adopted. The statement of objections filed by defendant Cargill, Incorporated, (filing 16 ) is denied. The plaintiff's motion to remand ( filing 6 ) is granted, and this case is remanded to the District Court of Howard County, Nebraska, for lack of diversity jurisdiction. The Clerk of the United States District Court for the District of Nebraska shall mail a certified copy of th is order to the District Court of Howard County, Nebraska, and may take any other action necessary to effectuate the remand. Because the court did not consider additional evidentiary materials in resolving the objection to the magistrate judge&# 039;s findings and recommendation, the plaintiff's motion for leave to submit evidence (filing 18 ) is denied as moot. The motion to dismiss (filing 4 ) filed by defendant Cargill, Incorporated, is denied as moot. Final judgment will be entered by separate document. Ordered by Senior Judge Richard G. Kopf. (GJG)(Certify Copy to District Court of Howard County)
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Filing
20
REASSIGNMENT ORDER - Defendants' Motion for Determination of Place of Trial (Filing No. 143 in Case No. 8:11CV81) is granted. Lincoln, Nebraska, is the designated place of trial. The above-captioned cases are reassigned to Senior District Judge Richard G. Kopf for disposition and Magistrate Judge Cheryl Zwart for judicial supervision and processing of all pretrial matters. Ordered by Chief Judge Laurie Smith Camp. (GJG)
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