PAUSEIRO et al v. PORT AUTHORITY OF NY & NJ et al

Filing 70

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 56 Motion for Summary Judgment filed by STATE OF NEW JERSEY, ORDER Denying 21 Motion to Dismiss without prejudice as MOOT filed by INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 825, ORDER Gr anting 23 Remand to State Court filed by ANTONIO PAUSEIRO, 69 Report and Recommendations, ORDER Denying 49 Motion to Dismiss without prejudice as MOOT filed by JOHN BASSANI, GILBERTO TOMAS, ADERITO SILVA, TARHEEL ENTERPRISES, INC., ORDE R Denying 39 Motion to Dismiss without prejudice as MOOT filed by COUNTY OF ESSEX; ORDERED that this matter is hereby REMANDED to New Jersey Superior Court, Law Division, Middlesex County ***CIVIL CASE TERMINATED. Signed by Judge Esther Salas on 12/21/2015. (ld, )

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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ANTONIO PAUSEIRO, et al., Plaintiffs, v. PORT AUTHORITY OF NY & NJ, et al., Defendants. : : : : : : : : : : : : Civil Action No.: 15-3523 (ES)(JAD) ORDER SALAS, DISTRICT JUDGE Pending before the Court is Plaintiffs Antonio Pauseiro and Maria Pereira’s (collectively, “Plaintiffs”) motion to remand. (D.E. No. 23). Also pending before the Court are certain motions to dismiss, as well as a motion for summary judgment by one of the defendants in this action. (See D.E. Nos. 21, 39, 49 & 56). On October 29, 2015, Magistrate Judge Joseph A. Dickson issued a Report and Recommendation that the Undersigned grant Plaintiffs’ motion to remand. (D.E. No. 69). The parties had 14 days to file and serve any objections to Judge Dickson’s Report and Recommendation pursuant to Local Civil Rule 72.1(c)(2). To date, no party has filed an objection. Having carefully reviewed the parties’ submissions and Judge Dickson’s Report and Recommendation, and noting that Judge Dickson extended Plaintiffs’ time to file a motion to remand pursuant to Docket Entry No. 13, and for the reasons stated in Judge Dickson’s Report and Recommendation, -1- IT IS on this 21st day of December 2015, ORDERED that this Court ADOPTS Magistrate Judge Dickson’s Report and Recommendation, (D.E. No. 69), as the Opinion of this Court; and it is further ORDERED that Plaintiffs’ motion to remand, (D.E. No. 23), is GRANTED in relevant part; and it is further ORDERED that this matter is hereby REMANDED to New Jersey Superior Court, Law Division, Middlesex County; and it is further ORDERED that the pending motions filed by certain defendants, (D.E. Nos. 21, 39, 49 & 56), are DENIED without prejudice as MOOT; and it is further ORDERED that the Clerk of Court shall mark this case CLOSED. s/ Esther Salas Esther Salas, U.S.D.J. -2-

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