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, )

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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ARK SYNDICATE MANAGEMENT, LTD., Civil Action No.: 15-1295 (CCC)(JBC) Plaintiff, ORDER V. NEXSTAR HOLDING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.

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