Filed: Apr. 20, 2016
Latest Update: Apr. 20, 2016
Summary: REPORT AND RECOMMENDATION MICHAEL A. HAMMER , Magistrate Judge . This matter having come before the Court by way of Plaintiff's motion to remand this case to the Superior Court of New Jersey, Passaic County, Law Division [D.E. 3]; and Defendant having opposed Plaintiff's motion [D.E. 4]; and the Court having considered the papers submitted in support of, and in opposition to, the motion; and as an initial matter, Local Civil Rule 7.1 governing the filing of motion papers and stating that
Summary: REPORT AND RECOMMENDATION MICHAEL A. HAMMER , Magistrate Judge . This matter having come before the Court by way of Plaintiff's motion to remand this case to the Superior Court of New Jersey, Passaic County, Law Division [D.E. 3]; and Defendant having opposed Plaintiff's motion [D.E. 4]; and the Court having considered the papers submitted in support of, and in opposition to, the motion; and as an initial matter, Local Civil Rule 7.1 governing the filing of motion papers and stating that ..
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REPORT AND RECOMMENDATION
MICHAEL A. HAMMER, Magistrate Judge.
This matter having come before the Court by way of Plaintiff's motion to remand this case to the Superior Court of New Jersey, Passaic County, Law Division [D.E. 3];
and Defendant having opposed Plaintiff's motion [D.E. 4];
and the Court having considered the papers submitted in support of, and in opposition to, the motion;
and as an initial matter, Local Civil Rule 7.1 governing the filing of motion papers and stating that "[n]o application will be heard unless the moving papers and a brief, prepared in accordance with L. Civ. R. 7.2, and proof or acknowledgement of service no all other parties, are filed with the Clerk at least 24 days prior to the noticed motion day," L. Civ. R. 7.1(d)(1);
and Rule 7.1(d) further stating that "[t]he brief shall be a separate document for submission to the Court, and shall note the motion day on the cover page," id.;
and it appearing that Plaintiff's motion does not include a separate brief;1
and 28 U.S.C. § 1447(c) requiring "[a] motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a).";
and it appearing that Plaintiff failed to file the motion to remand within 30 days after the filing of Defendant's notice of removal;2
and therefore, Plaintiff's motion to remand is procedurally defective and untimely filed; and for good cause shown;
the Undersigned respectfully recommends that the District Court deny Plaintiff's motion to remand [D.E. 3].
Under 28 U.S.C. § 636, and L. Civ. R. 71.1(c)(2), the parties have fourteen days to file and serve objections to this Report and Recommendation.
