DRAGANI v. GENESSE VALLEY INVESTORS, LLC et al

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 27 Report and Recommendations, 3 MOTION to Remand to State Court filed by SARAH DRAGANI, and that Defts' motion to dismiss is denied as moot ***CIVIL CASE TERMINATED. Signed by Judge William J. Martini on 6/20/11. (dc, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

SARAH DRAGANI
Plaintiff,
11-CV-1193-WJM
v.
GENESSE VALLEY INVESTORS, LLC, et
al.,

ORDER

Defendants.

This matter comes before the Court on Plaintiff’s motion to remand this action to
the Superior Court of New Jersey. Also before the Court is Defendants’ motion to
dismiss. A Report and Recommendation (“R&R”) was filed on June 6, 2011 by United
States Magistrate Judge Mark Falk recommending that the Court grant Plaintiff’s motion
and remand the action to state court. Neither party filed an objection to the R&R.
Where the parties do not object to the R&R, the district court will adopt the report
and accept the recommendation if it is “satisf[ied] . . . that there is no clear error on the
face of the record.” Fed. R. Civ. P. 72 Advisory Committee’s Notes (citation omitted);
Laferta v. Kone Elevator, 2010 WL 2178983, at *1 (D.N.J. May 26, 2010); Peerless Ins.
Co. v. Ambi-Rad, Ltd., 2009 WL 790898, at *4 (D.N.J. March 23, 2009) (same).
Having examined the R&R and the filings of the parties, the Court is satisfied that
Judge Falk applied the correct legal standards based on the factual record developed by
the parties; there is no error. The Defendants, having removed the action, must prove

diversity of citizenship by a preponderance of the evidence. McCann v. Newman
Irrevocable Trust, 458 F.3d 281, 286 (3d Cir. 2006). And the Court must resolve all
doubts in favor of remand. Brown v. Francis, 75 F.3d 860, 864-65 (3d Cir. 1996). Here,
Judge Falk did not err by finding that Defendants failed to carry their burden because of
the issues of citizenship created by Plaintiff’s membership in two of the Defendant LLCs.
The Court must remand.
For the foregoing reasons and for good cause shown;
IT IS on this 20th day of June 2011, hereby,
ORDERED that the Report and Recommendation of Magistrate Judge Mark Falk
is adopted as the Opinion of this Court; and it is further
ORDERED that Plaintiff’s motion to remand is GRANTED; and it is further
ORDERED that this case is remanded to New Jersey Superior Court, Hudson
County; and it is further
ORDERED that Defendants’ motion to dismiss is denied as moot.

/s/ William J. Martini
WILLIAM J. MARTINI, U.S.D.J.