Filed: Jan. 06, 2016
Latest Update: Jan. 06, 2016
Summary: ORDER KEVIN McNULTY , District Judge . THIS MATTER having come before the Court by a motion to remand pursuant to 28 U.S.C. 1447(c) (ECF No. 4) filed by the plaintiff, Sergey Aleynikov, through his counsel, Marino Tortorella & Boyle, P.C. (Kevin H. Marino, Esq., John D. Tortorella, Esq., and Erez Davy, Esq., appearing); and Magistrate Judge Michael A. Hammer having filed a Report and Recommendation ("R&R") (ECF No. 30); and Objections to the R&R (ECF No. 33) having been filed by the defe
Summary: ORDER KEVIN McNULTY , District Judge . THIS MATTER having come before the Court by a motion to remand pursuant to 28 U.S.C. 1447(c) (ECF No. 4) filed by the plaintiff, Sergey Aleynikov, through his counsel, Marino Tortorella & Boyle, P.C. (Kevin H. Marino, Esq., John D. Tortorella, Esq., and Erez Davy, Esq., appearing); and Magistrate Judge Michael A. Hammer having filed a Report and Recommendation ("R&R") (ECF No. 30); and Objections to the R&R (ECF No. 33) having been filed by the defen..
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ORDER
KEVIN McNULTY, District Judge.
THIS MATTER having come before the Court by a motion to remand pursuant to 28 U.S.C. § 1447(c) (ECF No. 4) filed by the plaintiff, Sergey Aleynikov, through his counsel, Marino Tortorella & Boyle, P.C. (Kevin H. Marino, Esq., John D. Tortorella, Esq., and Erez Davy, Esq., appearing); and Magistrate Judge Michael A. Hammer having filed a Report and Recommendation ("R&R") (ECF No. 30); and Objections to the R&R (ECF No. 33) having been filed by the defendant, The Goldman Sachs Group, Inc. ("GS Group"), through its counsel, Chiesa Shahinian & Giantomasi PC (A. Ross Pearison, Esq., and James Van Splinter, appearing), and Boies, Schiller & Flexner LLP (Christopher E. Duffy, appearing pro hac vice); and Aleynikov having filed a Response (ECF No. 34); and GS Group having filed a Reply (ECF No. 35); and the Court having reviewed de novo the R&R, the parties' submissions, and prior filings in the case, and decided the matter without oral argument pursuant to Federal Rule of Civil Procedure 78; for the reasons expressed in the R&R filed by Magistrate Judge Hammer and the accompanying Memorandum Opinion; and for good cause shown:
IT IS this 6th day of January, 2016,
ORDERED that the Objections of GS Group (ECF No. 33) are DENIED; that the Report and Recommendation (ECF No. 30) is ADOPTED in its entirety; that the motion to remand (ECF No. 4) is GRANTED pursuant to 28 U.S.C. § 1447(c), because the removal was not authorized by law under 28 U.S.C. § 1447(b)(2); and it is further
ORDERED, that the case is REMANDED to the Delaware Court of Chancery, where it was filed as C.A. No. 10636-VCL.
Each party shall bear its own costs.