1:25-cv-01132•Hopewell v. Hopewell
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ARTHUR W. HOPEWELL, as Trustee of The James L. Hopewell Trust u/a/d 12/12/14 and as Personal Representative of the Estate of James L. Hopewell (Deceased), Plaintiff, v. EARL HOPEWELL, Defendant. ___________________________________/ Case No. 1:25-cv-1132 Hon. Hala Y. Jarbou ORDER REGARDING REPORT AND RECOMMENDATION Plaintiff Arthur W. Hopewell brought this action in state court. Defendant Earl Hopewell filed a notice of removal to this Court and then Plaintiff filed a motion to remand. On December 8, 2025, the magistrate judge entered a report and recommendation (“R&R”) that the Court remand the matter to state court because Defendant has not shown that the Court possesses jurisdiction and because Defendant’s notice of removal was untimely. (R&R, ECF No. 20.) The magistrate judge also recommends that the Court award Plaintiff his attorney’s fees and costs incurred as a result of the improper removal. See 28 U.S.C. § 1447(c). Defendant has objected to the R&R, and Plaintiff has filed an affidavit of fees and costs. Under Federal Rule of Civil Procedure 72, the district judge must determine de novo any part of the magistrate judge’s disposition that has been properly objected to. The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3). Case 1:25-cv-01132-HYJ-SJB ECF No. 27, PageID.<pageID> Filed 02/03/26 Page 1 of 2
2 In his objections, Defendant fails to identify any error in the R&R. Indeed, Defendant’s objections do not discuss the jurisdictional issues or the timing of his notice of removal. Similarly, Defendant does not assert any objection to the magistrate judge’s conclusion that Plaintiff should be awarded costs and attorney’s fees. Accordingly, IT IS ORDERED that the R&R (ECF No. 20) is APPROVED and ADOPTED as the opinion of this Court. IT IS FURTHER ORDERED that Plaintiff’s motion to remand the case to Kent County Circuit Court (ECF No. 5) is GRANTED. IT IS FURTHER ORDERED that the case is REMANDED to Kent County Circuit Court, except that the Court retains jurisdiction to decide the amount of fees and costs to award Plaintiff for Defendant’s improper removal. IT IS FURTHER ORDERED that Defendant Earl Hopewell shall have fourteen days from this date to file a response to Plaintiff’s affidavit of fees and costs (ECF No. 21). Dated: February 3, 2026 /s/ Hala Y. Jarbou HALA Y. JARBOU CHIEF UNITED STATES DISTRICT JUDGE Case 1:25-cv-01132-HYJ-SJB ECF No. 27, PageID.<pageID> Filed 02/03/26 Page 2 of 2
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