Opinion
Civ. No. 15-669 MCA/SCY
07-18-2016
REGINALD H. CULVER, individually, et al., Plaintiffs, v. LITHIA MOTORS INC., et al., Defendants. and LITHIA REAL ESTATE, INC., Counterclaimant/Third-Party Plaintiff, v. REGINALD CULVER, as trustee of the CULVER REVOCABLE TRUST; FRANK CULVER, as successor trustee of the CULVER REVOCABLE TRUST, Counterdefendants/Third Party-Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSTION
This matter is before the Court upon Movant's Objections to Proposed Findings and Recommended Disposition [Doc. 88] and Lithia Real Estate, Inc.'s Objection to Magistrate's Proposed Findings and Disposition Regarding Plaintiff's Motion to Amend Complaint [Doc. 89]. The Court has considered the written submissions of the parties, the record in this case and the applicable law, and is otherwise fully advised.
Having made a de novo review of those portions of the Proposed Findings and Recommended Disposition to which objections have been made, 28 U.S.C. § 636(b)(1), the Court finds itself in agreement with the Magistrate Judge's detailed and closely reasoned Proposed Findings and Recommended Disposition.
WHEREFORE, IT HEREBY IS ORDERED that Defendants' Objections are overruled and that the Magistrate Judge's Proposed Findings and Recommended Disposition [Doc. 85] are adopted as the decision of the Court;
IT FURTHER IS ORDERED that Plaintiff's Motion to File First Amended Complaint [Doc. 14] is granted;
IT FURTHER IS ORDERED Movant's Motion for Protective Order or to Stay Deposition, to Unseal the Pleadings, to Allow Access to Discovery Documents, and for an Award of Fees and Expenses [Doc. 54] is denied; and
IT FURTHER IS ORDERED that pursuant to 28 U.S.C.§§ 1447(c) and (e) this case is remanded to the First Judicial District Court of New Mexico whence it was removed.
So ordered this 18th day of July, 2016.
/s/_________
M. CHRISTINA ARMIJO
Chief United States District Judge