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Halvorson v. Auto-Owners Insurance Co.

United States District Court, Eighth Circuit

January 2, 2014

Gale and Shelene Halvorson, Plaintiffs,
v.
Auto-Owners Insurance Company and Owners Insurance Company, Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION, REMANDING CASE, AND DISMISSING MOTION TO DISMISS

RALPH R. ERICKSON, Chief District Judge.

The Court has received a Report and Recommendation from the Honorable Karen K. Klein, United States Magistrate Judge, pursuant to 28 U.S.C. ยง 636, recommending that the case be remanded back to the Superior Court of the State of Arizona in Pima County (Doc. #144). Defendants have filed an objection, contending the case should be remanded to the district court in the State of North Dakota (Doc. #145). Plaintiffs have not filed an objection within the requisite period of time. The Court has reviewed the Report and Recommendation, Defendants' objection, and the entire file, and finds the Magistrate Judge's recommendation is appropriate. Accordingly, the Court hereby adopts the Report and Recommendation in its entirety. For the reasons set forth therein, in an exercise of discretion, the Court orders this case REMANDED to the Pima County Superior Court of Arizona. The Court lacks jurisdiction to consider Defendants' motion to dismiss (Doc. #146), and therefore, DISMISSES the motion to dismiss without prejudice so that it may be addressed on remand.

The Clerk is directed to effectuate the remand and administratively close the case in this Court.

IT IS SO ORDERED.


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