United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
PRUVIT VENTURES, INC., §
§ Plaintiff, § § v. § CIVIL ACTION NO. 4:18-CV-119 § JUDGE MAZZANT/JUDGE JOHNSON ELEVACITY, LLC and ROBERT OBLON, § § Defendants. §
MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636. On May 21, 2018, the report of the Magistrate Judge (Dkt. #19) was entered recommending that Plaintiff’s Motion to Remand (Dkt. 6) be granted in part and denied in part. Specifically, the Report recommended that the matter be remanded to the 296th Judicial District Court of Collin County, Texas, as Cause No. 296-00472-2018. Further, the Report recommended that Plaintiff’s request for attorneys’ fees and costs be denied.
Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and conclusions of the Court.
Accordingly, the Court finds that Plaintiff’s Motion to Remand (Dkt. 6) is GRANTED IN PART and DENIED IN PART, as set forth below:
This case is hereby REMANDED to the 296th Judicial District Court of Collin County, Texas, as Cause No. 296-00472-2018, for further proceedings.
2IT IS FURTHER ORDERED that Plaintiff’s request for attorneys’ fees and costs is DENIED.
IT IS FURTHER ORDERED that the hearing set for June 27, 2018, before United States Magistrate Judge Kimberly Priest Johnson is hereby CANCELED. IT IS SO ORDERED.