Sergey Aleynikov v. The Goldman Sachs Group Inc.

Filing 37

ORDER that the Objections of GS Group (ECF#33) are DENIED, and ADOPTING REPORT AND RECOMMENDATIONS for 33 Appeal of Magistrate Judge Decision to District Court. This case is remanded to the Delaware Court of Chancery. ***CIVIL CASE TERMINATED. Signed by Judge Kevin McNulty on 1/6/16. (sr, )

Download PDF
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY SERGEY ALEYNIKOV, Civ. No. 15-2057 (KM) Plaintiff, ORDER V. THE GOLDMAN SACHS GROUP, INC., Defendant. THIS MATTER having come before the Court by a motion to remand pursuant to 28 U.S.C. § 1447(c) (ECF No. 4) filed by the plaintiff, Sergey Aleynikov, through his counsel, Marino Tortorella & Boyle, P.C. (Kevin H. Marino, Esq., John D. Tortorella, Esq., and Erez Davy, Esq., appearing); and Magistrate Judge Michael A. Hammer having filed a Report and Recommendation (“R&R”) (ECF No. 30); and Objections to the R&R (ECF No. 33) having been filed by the defendant, The Goldman Sachs Group, Inc. (“GS Group”), through its counsel, Chiesa Shahinian & Giantomasi PC (A. Ross Pearison, Esq., and James Van Splinter, appearing), and Boies, Schiller & Flexner LLP (Christopher E. Duffy, appearing pro hac vice); and Aleynikov having filed a Response (ECF No. 34); and GS Group having filed a Reply (ECF No. 35); and the Court having reviewed de novo the R&R, the parties’ submissions, and prior filings in the case, and decided the matter without oral argument pursuant to Federal Rule of Civil Procedure 78; for the reasons expressed in the R&R filed by Magistrate Judge Hammer and the accompanying Memorandum Opinion; and for good cause shown: IT IS this 6th day of January, 2016, ORDERED that the Objections of GS Group (ECF No. 33) are DENIED; that the Report and Recommendation (ECF No. 30) is ADOPTED in its entirety; that the motion to remand (ECF No. 4) is GRANTED pursuant to 28 U.S.C. § 1447(c), because the removal was not authorized by law under 28 U.S.C. § 1447(b)(2); and it is further ORDERED, that the case is REMANDED to the Delaware Court of Chancery, where it was filed as C.A. No. 10636-VCL. Each party shall bear its own costs. KEVIN MCNULTY United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?