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, )

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