Klossner v. Zurich American Insurance Company et al

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
DAVID KLOSSNER, Individually and
d/b/a KDA REALTY LLC,
Plaintiff,
VS.
ZURICH AMERICAN INSURANCE
COMPANY and AMERICAN ZURICH
INSURANCE COMPANY,
Defendants.
)
)
)
)
)
) CIVIL ACTION NO.
)
) 3:25-CV-3251-G-BN
)
)
)
)
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings and conclusions in this case
recommending that the court should remand this lawsuit to the state district court
from which it was removed for lack of subject matter jurisdiction. See Findings,
Conclusions, and Recommendation of the United States Magistrate Judge (“FCR”)
(docket entry 20). But the United States Magistrate Judge recommended that if,
within the time to file objections, the defendants Zurich American Insurance
Company and American Zurich Insurance Company provide evidence to support
their jurisdictional allegations, the court should deny the plaintiff’s motion to remand
(docket entry 5) and retain jurisdiction over this lawsuit. See FCR.
The defendants filed objections and submitted evidence to support their
jurisdictional allegations. See docket entry 21. The District Court reviewed de novo
those portions of the proposed findings, conclusions, and recommendation to which
Case 3:25-cv-03251-G-BN Document 22 Filed 03/09/26 Page 1 of 2 PageID <pageID>

objection was made, and reviewed the remaining proposed findings, conclusions, and
recommendation for plain error. Finding no error, the court ACCEPTS the Findings,
Conclusions, and Recommendation of the United States Magistrate Judge and
DENIES the plaintiff’s motion to remand (docket entry 5).
SO ORDERED.
March 9, 2026.
___________________________________
A. JOE FISH
Senior United States District Judge
- 2 -
Case 3:25-cv-03251-G-BN Document 22 Filed 03/09/26 Page 2 of 2 PageID <pageID>