ARK SYNDICATE MANAGEMENT, LTD. et al v. NEXSTAR HOLDING CORP et al

Filing 42

ORDER ADOPTING REPORT AND RECOMMENDATIONS REMANDING to SUPERIOR COURT OF NJ PASSAIC COUNTY-LAW D, PAS-L-003188-14 35 Report and Recommendations, terminating as moot 22 Motion to Dismiss filed by DISTRIBUTION ALTERNATIVES, INC., terminating as moot 33 Motion to Dismiss, filed by DISTRIBUTION ALTERNATIVES, INC., terminating as moot 9 Motion to Dismiss, filed by DISTRIBUTION ALTERNATIVES, INC. ***CIVIL CASE TERMINATED. Signed by Judge Claire C. Cecchi on 6/30/15. (DD, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

ARK SYNDICATE MANAGEMENT, LTD.,

Civil Action No.: 15-1295 (CCC)(JBC)

Plaintiff,
ORDER
V.

NEXSTAR HOLDING CORP., et al.,
Defendants.
JJP CONTRACT PACKING d/b/a PLESH
CONTRACT PACKAGING;
Third-Party Plaintiff,

v.
FOSDICK FULLFILLMENT CORP., et al.,
Third-Party Defendants.
CECCHI, District Judge

This matter was raised by the Court sua sponte after expressing concern regarding
whether this action was properly removed from state to federal court. On April 27, 2015,
Magistrate Judge Clark issued an Order to Show Cause instructing the parties to submit a joint
letter on this issue by May 11, 2015. (ECF No. 29). As of the date of this Order, all parties have
failed to do so. On May 21, 2015, Judge Clark issued a Report and Recommendation
recommending that this action be remanded to state court on the basis of improper removal by a
Third-Party defendant and lack of subject matter jurisdiction. Objections to this Report and
Recommendation were due on June 4, 2015, and as of the date of this Order no objections have

been filed. The Court has considered Judge Clark’s Report and Recommendation, and for
substantially the same reasons stated therein;
IT IS on this 30th day of June, 2015

ORDERED that this Court adopts Judge Clark’s May 21, 2015 Report and
Recommendation; and it is further
ORDERED that this case is hereby REMANDED to Superior Court of New Jersey; and
it is further
ORDERED that the pending Motions to Dismiss (ECf Nos. 9, 22, 33) are hereby
administratively terminated as moot; and it is further
ORDERED that the Clerk shall close the file in this matter.
SO ORDERED.

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