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Federal Home Loan Mortgage Corporation v. Briggs

United States District Court, Eighth Circuit

September 24, 2013

FEDERAL HOME LOAN MORTGAGE CORPORATION, Plaintiff,
v.
ROBI J. BRIGGS, et al., Defendants.

Curt N. Trisko, Schiller & Adam, P.A., Counsel for Plaintiff.

William B. Butler, Butler Liberty Law, LLC, Counsel for Defendants.

ORDER

MICHAEL J. DAVIS, Chief District Judge.

On August 29, 2013, Chief United States Magistrate Judge Arthur J. Boylan granted in part and denied in part Plaintiff's Motion to Remand with Costs and Fees [Docket No. 4] by granting the motion to remand and denying the request for costs and fees. [Docket No. 18] Defendants filed an objection to the August 29 Order. [Docket No. 20]

Assuming without deciding that a motion to remand is dispositive[1], the Court has conducted a de novo review upon the record. 28 U.S.C. ยง 636(b)(1); Local Rule 72.2(b). Based upon that review, the Court ADOPTS the August 29 Order [Docket No. 18].

Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED:

1. Plaintiff's Motion to Remand with Costs and Fees [Docket No. 4] is GRANTED IN PART and DENIED IN PART as follows: Plaintiff's motion to remand is GRANTED and Plaintiff's request for costs and fees is DENIED.
2. This action is REMANDED to the District Court for the First Judicial District, Carver County, Minnesota.

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