PRO CARE INC. et al v. SMITH et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 Report and Recommendations to REMAND to the SUPERIOR COURT OF NJ, MIDDLESEX COUNTY ***CIVIL CASE TERMINATED. Signed by Judge Kevin McNulty on 1/2/14. (DD, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

PRO CARE INC., d/b/a FRIENDLY CARE
MEDICAL TRANSPORTATION,

Civ. No. 2:13-03506
(KM)(MAH)

Plaintiff,
ORDER

V.

THOMAS SMITH, et al.,
Defendants.

MCNULTY, District Judge.
This matter comes before the Court upon the Order to Show Cause by
Hon. Michael A. Hammer, United States Magistrate Judge, directing the
Plaintiff to show why subject matter jurisdiction exists (Docket No. 4); and the
Plaintiff’s letter consenting to the remand of this matter to the Superior Court
of New Jersey, Middlesex County (Docket No. 5); and Judge Hammer having
heard oral argument during a telephone status conference on August 15, 2013;
and Judge Hammer having submitted a Report and Recommendation
recommending that this matter be remanded; and neither Party having
opposed the Report and Recommendation pursuant to 28 U.S.C. § 636 and
Local Rule 7. 1(c)(2); and the Court having considered the foregoing; pursuant
to Fed. R. of Civil P. 78; and for good cause shown:
IT IS this 2nd day of January, 2014,
ORDERED that the Report and Recommendation is AFFIRMED
pursuant to 28 U.S.C. § 636 and Fed. R. Civ. P. 72(b)(3);’ and is further

“A judge of the court may accept, reject, or modify, in whole or in part, the
findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1);
see also U.S. v. Raddatz, 447 U.S. 667, 680 (1980) (stating that the district court judge
has broad discretion in accepting or rejecting the magistrate’s recommendation).
1

ORDERED that the case is REMANDED to the Superior Court of New
Jersey, Middlesex County, and the civil case be terminated by the Clerk of the
Court.

EVIN MCNULTY, U.S.D.