JEAN-BAPTISTE v. UNITED AIRLINES et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 9 Report and Recommendations, granting 5 MOTION to Remand to State Court filed by EVENS JEAN-BAPTISTE ***CIVIL CASE TERMINATED. Signed by Judge Claire C. Cecchi on 4/20/15. (DD, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

EVENS JEAN-BAPTISTE,

Civil Action No. 15-1046 (CCC-JBC)

Plaintiff,

ORDER

V.

UNITED AIRLINES, et al.,

Defendants.
This matter comes before the Court on Plaintiff Evens Jean-Baptiste’s (“Plaintiff’)
motion to remand this action to state court pursuant to 28 U.S.C.

§ 1447(c). [ECF No. 5]

Defendant United Airlines, Inc. (“Defendant”) stated to the Court that it would “forego filing
opposition to the present motion if Plaintiff executes a formal Stipulation Capping Damages at a
sum less than the jurisdiction amount” of $75,000. [See ECF No. 7] On March 19, 2015,
counsel for Defendant filed such a stipulation signed by counsel for both parties. [ECF No. 8-1]
Thus, no opposition has been filed in response to the present motion. On March 25, 2015,
Magistrate Judge James B. Clark III issued a Report and Recommendation that Plaintiffs motion
be granted in which he noted that the parties “have essentially agreed to remand this matter by
way of their stipulation.” [ECF No. 9] The deadline to file objections was April 8, 2015, and no
objections have been filed thereto. The Court has considered the submissions of the parties and
Judge Clark’s Report and Recommendation, and for substantially the same reasons stated
therein;
IT IS on this 2-th day of April, 2015,
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ORDERED that this Court adopts Judge Clark’s March 25, 2015 Report and

Recommendation that Plaintiffs’ motion be granted [ECF No. 9]; and it is further
ORDERED that this action be remanded the Superior Court of New Jersey, Law
Division, Essex County pursuant to 28 U.S.C.

§ 1447(c); and it is further

ORDERED that the Clerk shall close the file in this matter.
SO ORDERED.

CLAIRE C. CECCHI, U.S.D.J.

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