SEMIDEY
v.
GENERAL NOLI USA, INC.
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Plaintiff Carmen Semidey, as personal representative of an estate, sought to remand a case that was removed to federal court by defendant General Noli USA, Inc. The district court adopted the magistrate judge's recommendation and granted the remand motion, returning the case to state court in Florida.
The court granted plaintiff's motion to remand and returned the case to the Seventeenth Judicial Circuit in Broward County, Florida. The court denied plaintiff's request for costs, actual expenses, and attorney's fees incurred as a result of the removal.
“A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1).”
Establishes the district court's authority to review and adopt the magistrate judge's recommendations
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Join FLexlaw to unlock all legal intelligenceThe case involves Carmen Semidey as personal representative of the Estate of Florencio Semidey against General Noli USA, Inc., a foreign corporation. …
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CARMEN SEMIDEY, as Personal Representative of the Estate of FLORENCIO SEMIDEY,
Plaintiff, v.
GENERAL NOLI USA, INC., a Foreign Corporation,
Defendant.
ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court upon the Magistrate Judge's Report and Recommendation [DE 14] on Plaintiff's Motion to Remand [DE 5] and Defendant's Objections [DE 18]. Plaintiff filed a response to Defendant's Objections [DE 22]. In his thorough and well-reasoned Report and Recommendation [DE 14], Magistrate Judge Hunt recommends that Plaintiff's Motion to Remand [DE 5] be GRANTED.
A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objections are made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with." United States v. Schultz, 565 F. 3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3).
The Court, having considered Judge Hunt's Report, Defendant's objections thereto, and having conducted a de novo review of the record, agrees with Judge Hunt's well-reasoned analysis and his recommendation that the Motion to Remand be granted. Accordingly, it is
ORDERED that:
1. Plaintiff's Motion to Remand [DE 5] is GRANTED.
2. The Clerk is directed to REMAND this case to the Seventeenth Judicial Circuit in and for Broward County, Florida.
3. Plaintiff's request for an award of just costs and actual expenses, including attorney's fees, incurred as a result of the removal is DENIED.
4. All pending motions not otherwise ruled upon are DENIED as moot.
5. This case is CLOSED.
DONE AND ORDERED in Fort Lauderdale, Florida on this 20th day of August 2025.
cc: counsel of record