This matter has become ahead of the undersigned for article on the Report and advice (“the Report”) filed by United States Magistrate Thomas E. Rogers, III, to whom this full instance had formerly been assigned pursuant to 28 U.S.C. В§ 636. Inside the Report, Magistrate Judge Rogers advises that the plaintiff’s movement to remand (Doc. # 29) should always be issued as well as the situation remanded back into the Horry County Court of Common Pleas for shortage of jurisdiction under CAFA for lack of minimal variety. Instead, in the event that region judge discovers diversity that is minimal it is suggested that plaintiff’s movement to remand underneath the exceptions to CAFA be rejected and, on the basis of the arbitration agreements involving the events look at money’s movement to remain proceedings and compel arbitration (Doc. number 5);
Having accepted the Report’s summary that this full instance must certanly be remanded for not enough jurisdiction under CAFA for lack of minimal variety, it really is unneeded for the Court to handle the rest of this Report. Nevertheless, in an attempt to market economy that is judicial this Court does remember that it has additionally very very very carefully evaluated and considered the Report analysis regarding the outstanding motions to compel arbitration. Whilst the jurisdictional concern might be close in light regarding the developing legislation under CAFA, this Court concludes right here within the alternative, that will, on appeal (See 28 U.S.C. 1453(c)), minimal diversity be located to occur so that jurisdiction in this Court is appropriate, then for all your reasons cited when you look at the Report, the events is bought to go to arbitration and also this action must certanly be dismissed as to all or any events except fast money, Inc.
CONSEQUENTLY, IT REALLY IS HEREBY REQUESTED that the Magistrate Judge’s Report is ACCEPTED (Doc. # 69) as well as the events objections are OVERRULED. Continue reading →