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Adams v. Gambro Healthcare

October 2, 2006

KAREN ADAMS, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DARRELL ADAMS, DECEASED, ET AL., PLAINTIFFS,
v.
GAMBRO HEALTHCARE, INC., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Judge Graham

Magistrate Judge Abel

ORDER

Plaintiff Karen Adams brings this action alleging that Defendants negligently treated her husband, which resulted in wrongful death, medical malpractice/survivorship and loss of consortium. This matter is before the Court on Magistrate Judge Abel's August 28, 2006 Report and Recommendation that Plaintiff's motion for remand (doc. 12) be denied. No objections were filed to the Report and Recommendation.

Upon de novo review in accordance with the provisions of 28 U.S.C. §636(b)(1)(B), the Court ADOPTS the Report and Recommendation and DENIES Plaintiff's June 6, 2006 motion to remand. (Doc. 6.) Plaintiff's argument fails because, contrary to her claim, Gambro is not incorporated in Ohio. Thus, there is diversity of citizenship between the parties that gives this Court the subject matter jurisdiction necessary to hear this case.

It is so ORDERED.

JAMES L. GRAHAM United States District Judge

20061002

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