KAYE v. REEVES et al

Filing 38

LETTER ORDER: ADOPTING REPORT AND RECOMMENDATIONS for 36 Report and Recommendations. Defendants' motion to dismiss Plaintiff's Complaint is DENIED without prejudice with leave to refile. The Clerk is directed to terminate docket entries 34 and 36, etc. Signed by Judge Esther Salas on 4/5/17. (cm, )

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY MARTIN LUTHER KING COURTHOUSE 50 WALNUT ST. ROOM 2037 NEWARK, NJ 07101 973-297-4887 CHAMBERS OF ESTHER SALAS UNITED STATES DISTRICT JUDGE April 6, 2017 LETTER ORDER Re: Kaye v. Reeves, et al. Civil Action No. 15-6332 (ES) (MAH) Dear Counsel: Pending before this Court is Plaintiff’s motion to remand this matter to New Jersey Superior Court in Essex County. (D.E. No. 34). On October 3, 2016, Defendants opposed Plaintiff’s motion and, in the same brief, moved to dismiss Plaintiff’s Complaint. (D.E. No. 35). On December 12, 2016, the Honorable Michael A. Hammer, U.S.M.J., issued a Report and Recommendation (“R&R”) recommending that this Court deny Plaintiff’s motion. (D.E. No. 36). Magistrate Judge Hammer advised the parties that they had until December 27, 2016 to file and serve any objections to the R&R pursuant to L. Civ. R. 72.1(c)(2). To date, parties have not filed any objections. The Court has considered the parties’ submissions, as well as Magistrate Judge Hammer’s R&R, and for the reasons stated therein, IT IS on this 5th day of April 2017, ORDERED that this Court adopts Magistrate Judge Hammer’s R&R in full; and it is further ORDERED that Defendants’ motion to dismiss Plaintiff’s Complaint is DENIED without prejudice with leave to refile; and it is further ORDERED that the Clerk of Court shall terminate docket entries 34 and 36. SO ORDERED. s/Esther Salas _ Esther Salas, U.S.D.J

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