ESTATE OF RONALD SCHICK et al v. UNITED STATES OF AMERICA

Filing 24

OPINION AND ORDER dismissing counts 1, 2, 3, and 4 of the Amended Complt.; with prejudice; denying State of New Jersey's request for summary judgment on counts 1 and 2; remanding action to the Superior Court of New Jersey, Bergen County. Signed by Judge Stanley R. Chesler on 9/23/2015. (nr, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

ESTATE OF RONALD SCHICK, et al.,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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Civil Action No. 15-3248 (SRC)

OPINION AND ORDER

CHESLER, U.S.D.J.
This case comes before the Court upon the motion by Defendant the United States of
America (“the Government”) to dismiss the Amended Complaint of Plaintiff the Estate of
Ronald Schick (“Plaintiff”) or, in the alternative, to grant summary judgment in favor of the
Government. Plaintiff opposed these motions.
The Court previously granted the Government’s motion for summary judgment on Counts
1 and 2 of Plaintiff’s Amended Complaint [Docket Entry 20]. On August 26, 2015, this Court
also ordered that the parties advise the Court in writing, within ten days, as to whether any
further disputes remain on Counts 3 and 4 of the Amended Complaint, and as to whether the
Court should remand the remainder of this action to the New Jersey Superior Court, Bergen
County [Docket Entry 21].
The Government has advised the Court that it does not oppose dismissing Counts 3 and 4
of the Amended Complaint, and that it does not oppose a remand of the remainder of this action
to New Jersey Superior Court [Docket Entry 22]. As of September 22, 2015, Plaintiff has not
responded to the Court’s Order.

The State of New Jersey has also advised the Court that it has no objection to the
dismissal of Counts 3 and 4 of the Amended Complaint, and that it supports the remand of this
action to New Jersey Superior Court. It also asks the Court to grant summary judgment in favor
of the State of New Jersey on Counts 1 and 2 of the Amended Complaint [Docket Entry 23].
The Court finds that the State of New Jersey’s request for summary judgment in its favor
is belated, as it has already given its decision on Counts 1 and 2 of the Amended Complaint.
The Government originally requested the removal of this case from New Jersey Superior
Court, Bergen County, because the first two counts of the Amended Complaint dealt with issues
of federal law: the priority of the federal tax lien and the Federal Insolvency Statute, among
others. The Court has disposed of those issues and as the Government does not object to the
remand, the Court will remand the case.
For these reasons,
IT IS on this 23rd day of September, 2015,
ORDERED that Counts 1 and 2 of the Amended Complaint are hereby DISMISSED
WITH PREJUDICE pursuant to this Court’s prior Opinion and Order of August 26, 2015
[Docket Entries 20 and 21]; and it is further
ORDERED that Counts 3 and 4 of the Amended Complaint be DISMISSED WITH
PREJUDICE; and it is further
ORDERED that the State of New Jersey’s request for summary judgment in this action
on Counts 1 and 2 of the Amended Complaint is DENIED; and it is further
ORDERED that, pursuant to 28 U.S.C. § 1447(c), this action is REMANDED to the
New Jersey Superior Court, Bergen County, for disposition.

/s Stanley R. Chesler
STANLEY R. CHESLER, U.S.D.J.