SMOYER v. CARE ONE, LLC

No. 2:16-cv-1696.

FRANK N. SMOYER, as Administrator for the Estate of KATHERINE E. SMOYER, Deceased, Plaintiff, v. CARE ONE, LLC, et al., Defendants.

United States District Court, W.D. Pennsylvania.

Editors Note
Applicable Law: 28 U.S.C. § 1332
Cause: 28 U.S.C. § 1332 Diversity - Other
Nature of Suit: 890 Other Statutory Actions
Source: PACER


Attorney(s) appearing for the Case

FRANK N. SMOYER, Plaintiff, represented by Colin M. Esgro , Wilkes & McHugh, P.A..

CARE ONE, LLC., Defendant, represented by John C. Eustice , Miller & Chevalier Chartered.

890 WEATHERWOOD LANE OPERATING COMPANY, LLC, Defendant, represented by John C. Eustice , Miller & Chevalier Chartered.

HEALTHBRIDGE MANAGEMENT, LLC., Defendant, represented by John C. Eustice , Miller & Chevalier Chartered.

DES HOLDING CO., INC., Defendant, represented by John C. Eustice , Miller & Chevalier Chartered.

CARE VENTURES, INC., Defendant, represented by John C. Eustice , Miller & Chevalier Chartered.

THCI COMPANY, LLC, Defendant, represented by John C. Eustice , Miller & Chevalier Chartered.

THCI HOLDING COMPANY, LLC, Defendant, represented by John C. Eustice , Miller & Chevalier Chartered.

STRAUS CAPITAL HEALTHCARE PARTNERS (MT), LLC, Defendant, represented by John C. Eustice , Miller & Chevalier Chartered.

STRAUS CAPITAL HEALTHCARE PARTNERS (MT) II, LLC, Defendant, represented by John C. Eustice , Miller & Chevalier Chartered.

CARE HOLDINGS (MT), LLC, Defendant, represented by John C. Eustice , Miller & Chevalier Chartered.

CARE REALTY, LLC, Defendant, represented by John C. Eustice , Miller & Chevalier Chartered.


MEMORANDUM ORDER

ECF Nos. 4 & 10

DAVID STEWART CERCONE, District Judge.

The Complaint in the above captioned case was filed in the Court of Common Pleas of Westmoreland County, Pennsylvania on or about October 13, 2016. The action was removed to this Court on November 9, 2016 by all Defendants upon whom service had been effectuated, and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. §636(b)(1), and Local Rules of Court 72.C and 72.D. On December 9, 2016, Plaintiff filed a Motion to Remand (ECF No. 4).

The Magistrate Judge's Report and Recommendation (ECF No. 10), filed on January 23, 2017, recommended that Plaintiff's Motion to Remand (ECF No. 4) be granted and this case be remanded to the Court of Common Pleas of Westmoreland County, Pennsylvania forthwith. Service was made on all counsel of record. The parties were informed that in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72.D.2 of the Local Rules of Court, that they had fourteen (14) days to file any objections. No objections have been filed to date.

After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following Order is entered:

AND NOW, this 10th day of February, 2017,

IT IS HEREBY ORDERED that the Motion for Remand filed by Plaintiff, Frank N. Smoyer, as Administrator for the Estate of Katherine E. Smoyer, Deceased (ECF No. 4), is GRANTED. The Clerk of Court is ordered to remand this case to the Court of Common Pleas of Westmoreland County, Pennsylvania forthwith.

IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 10) of Magistrate Judge Lenihan, dated January 23, 2017, is adopted as the opinion of the Court.


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