BAR-DAVID et al v. ECONOMIC CONCEPTS, INC. et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 57 Report and Recommendations; granting 13 Remand to State Court filed by OCTAL CORPORATION, MICHAL BAR-DAVID, DANI BAR-DAVID ***CIVIL CASE TERMINATED. Signed by Judge Kevin McNulty on 9/22/14. (jd, )
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
DANI BAR-DAVID, MICHAL BARDAVID, and OCTAL
Civ. No. 2:13-5885 (KM) (MCA)
ECONOMIC CONCEPTS, INC.,
KENNETH HARTSTEIN, NATI
FINANCIAL, LLC, AMIR
ABRAMOV, ARTHUR D.
SHANKMAN & CO., ARTHUR D.
STRATEGIES, LLC, and DAVID
KEVIN MCNULTY, U.S.D.J.:
This matter comes before the court on the Report and Recommendation
(ECF No. 57) of Hon. Madeline C. Arleo, United States Magistrate Judge,
recommending that the Plaintiffs’ motion to remand this action to State court
(ECF No. 13) be granted; and Objections to the Report and Recommendation
having been filed by Defendants Pension Strategies, LLC (ECF. No. 58) and
Arthur D. Shankman and Arthur D. Shankman & Co. (ECF No. 59); and the
Court, pursuant to FED. R. CIV. PRoc. 78, having reviewed the Report and
Recommendation and the Parties’ submissions; and it further
APPEARING that Judge Arleo’s Report and Recommendation was issued
after a hearing on September 19, 2014 on the matter as well as extensive
supplemental briefing by the parties (Docket Nos. 51, 52, 53, 54, 55); and it
APPEARING that Judge Arleo’s Report and Recommendation to grant the
motion to remand was based on a finding that federal question jurisdiction was
lacking; and it further
APPEARING that Judge Arleo correctly determined that the Employee
Retirement Income Security Act (ERISA) did not preempt the state law claims
alleged in the Complaint; and it further
APPEARING that there is no alternative basis for jurisdiction in this
Court; and for good cause appearing;
IT IS, this 22nd day of September, 2014,
ORDERED that the Report and Recommendation is adopted and
Plaintiffs’ motion to remand the action to State Court is GRANTED.
United States District Judge
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