DEUTSCHE BANK NATIONAL TRUST COMPANY v. PARKER

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 11 Report and Recommendations, and remanding matter to Superior Court of New Jersey, Union County ***CIVIL CASE TERMINATED. Signed by Judge Jose L. Linares on 8/28/14. (sr, )

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

In the Matter of

Civil Action No.: 14-3074 (JLL)(JAD)

DEUTSCHE BANK NATIONAL TRUST
COMPANY,

ORDER

Plaintiffs,
V.

GEROD PARKER, ET AL.,
Defendants.

LINARES, District Judge.

This matter comes before this Court, by way of Defendant Gerod Parker (“Defendant”)’s
objection to a Report and Recommendation issued by the Honorable Joseph A. Dickson, United
States Magistrate Judge, pursuant to Federal Rule of Civil Procedure 72(b)(2). This matter
came before Magistrate Judge Dickson, on the Court’s own motion, after the Court’s review of
Defendant’s Notice of Removal, (ECF No. 1), as well as Defendant’s letter in response to the
Court’s Order to Show Cause, (ECF Nos. 6,7), and Memorandum in Opposition to Remand.
(ECF No. 8). On June 5, 2014, Magistrate Judge Dickson ordered Defendant to provide a copy of
the Complaint that Plaintiff Deutsche Bank Nation Trust Company (“Plaintiff’) filed in New
Jersey Superior Court and to provide a brief explaining why this case should not be remanded for
1

lack of subject matter jurisdiction. (Order to Show Cause, ECF No. 3). On July 22, 2014,
Magistrate Judge Dickson filed a Report and Recommendation in which he recommended that
this Court sua sponte remand this case to New Jersey Superior Court because Defendant failed to
establish that the District Court had subject matter jurisdiction. On August 1, 2014, Defendant
filed an Objection to Magistrate Judge Dickson’s Report and Recommendation. (ECF No. 13).
The Court decides this matter without oral argument pursuant to Federal Rule of Civil Procedure
78. For the reasons set forth in this Court’s corresponding Opinion,
IT IS on this,fday of August, 2014,

ORDERED that the Report and Recommendation of Magistrate Judge Dickson, filed on
July 22, 2014 [Docket Entry No. 11], is hereby ADOPTED as the findings of fact and conclusions
of law of this Court; and it is further
ORDERED that this matter is hereby sua sponte REMANDED to New Jersey Superior
Court.
IT IS SO ORDERED.
/
—

Jose L. Linares
United States District Judge

2