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Morgan v. Mumma

United States District Court, M.D. Pennsylvania

May 4, 2015

LISA MORGAN, Surviving Co-Executrix and Co-Trustee under the Last Will of Robert M. Mumma, Deceased, Plaintiff,
v.
ROBERT M. MUMMA, II, Defendant.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 4th day of May, 2015, upon consideration of the report (Doc. 10) of Magistrate Judge Joseph F. Saporito, Jr., recommending the court grant plaintiff's motion (Doc. 4) to remand the above-captioned action to the Court of Common Pleas for Cumberland County, Pennsylvania, wherein Judge Saporito finds that defendant's notice of removal (Doc. 1) of a state court judgment is both untimely and procedurally improper, (see Doc. 10 at 4-10), and, following an independent review of the record, the court in agreement with the magistrate judge's findings, and the court noting that defendant has objected (Doc. 11)[1] to the report, and the court finding defendant's objection to be without merit and squarely addressed by Judge Saporito's report, it is hereby ORDERED that:

1. The report (Doc. 10) of Magistrate Judge Saporito is ADOPTED in its entirety.
2. Plaintiff's motion (Doc. 4) to remand is GRANTED.
3. The above-captioned action is REMANDED to the Court of Common Pleas for Cumberland County, Pennsylvania.

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