Kortnie Dix and Donna Dix v. Repros Recovery, LLC; Ally Financial Inc.; Adesa Salt Lake; and Ally Servicing, LLC

Summary

The United States District Court for the District of Utah adopted a magistrate judge’s Report and Recommendation concerning Plaintiffs’ motion to remand. Because Plaintiffs had amended their complaint to remove all federal claims and Defendants did not oppose remand, the court remanded the action to Utah state court. The court denied Plaintiffs’ request for fees and costs because Defendants had a reasonable basis for removal.

Holdings

1. When a party does not timely object to a magistrate judge's report and recommendation, the district court reviews the recommendation for clear error rather than conducting de novo review.
2. Remand to state court is appropriate where no federal claims remain and the defendants do not oppose remand.
3. Plaintiffs were not entitled to fees and costs because Defendants had a reasonable basis to remove the action when the original complaint asserted federal claims.

Questions Presented

1. Whether the magistrate judge's recommendation to remand the action to state court should be adopted after the federal claims were removed from the amended complaint.
2. Whether Plaintiffs should receive fees and costs associated with removal and remand.
3. Whether the report and recommendation should be reviewed for clear error because Plaintiffs filed no timely objections.

Disposition

reversed_and_remanded