Shameeka L. Jones v. Securitas Security Services USA, Inc.

Summary

The United States District Court for the Southern District of Texas adopted a magistrate judge's Report and Recommendation recommending remand for lack of subject matter jurisdiction. The court found no clear error and remanded the employment discrimination and retaliation action to the 133rd Judicial District Court of Harris County, Texas.

Holdings

1. The action must be remanded because the pleadings did not assert a federal-law claim and the removing defendant failed to establish that the amount-in-controversy requirement for diversity jurisdiction was satisfied.
2. The district court may accept unobjected-to portions of a magistrate judge's recommendation when satisfied that no clear error appears on the face of the record.

Questions Presented

1. Whether the district court should adopt the magistrate judge's recommendation to remand the removed action for lack of subject matter jurisdiction.
2. Whether the absence of specifically pleaded federal claims and the failure to establish the amount-in-controversy requirement required remand.

Disposition

remanded