Whitney Shepard v. Elliot Ellinger, et al.

Summary

The United States District Court for the District of Kansas adopted a magistrate judge’s Report and Recommendation and remanded the case to the District Court of Wyandotte County, Kansas under 28 U.S.C. § 1447(c). The court also dismissed the plaintiff’s pending motion to remand as moot because the case was being remanded pursuant to the adopted recommendation.

Holdings

1. When no party files a timely objection, the district court may review the magistrate judge's Report and Recommendation under any standard it deems appropriate and may accept, adopt, and affirm it.
2. The addition of nondiverse defendants eliminated diversity jurisdiction, requiring remand to the state court under 28 U.S.C. § 1447(c).

Questions Presented

1. Whether the district court should accept, adopt, and affirm the magistrate judge's unobjected-to Report and Recommendation.
2. Whether the addition of nondiverse defendants eliminated diversity jurisdiction and required remand under 28 U.S.C. § 1447(c).
3. Whether plaintiff's pending motion to remand should be dismissed as moot after the court ordered remand.

Disposition

remanded