DESKTOP ALERT, INC. et al v. ATHOC, INC. et al

Filing 27

ORDER granting 22 Motion to Remand; and it is further ORDERED that Plaintiffs request for fees and costs pursuant to 28 U.S.C. § 1447(c) is DENIED; and it is further ORDERED that this matter is hereby REMANDED to Superior Court, Law Division, Morris County. Signed by Judge Esther Salas on 4/13/2016. (seb)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

DESKTOP ALERT, INC. et al.,
Plaintiffs,
v.
ATHOC, INC. et al.,
Defendants.

:
:
:
:
:
:
:
:
:
:
:

Civil Action No.: 15-8337 (ES) (JAD)
ORDER

SALAS, DISTRICT JUDGE
Pending before the Court is a motion to remand filed by Plaintiffs Desktop Alert, Inc., and
FCN, Inc. (D.E. No. 22). On February 24, 2016, United States Magistrate Judge Joseph A.
Dickson issued a Report and Recommendation that the Undersigned grant that portion of
Plaintiffs’ “application seeking to remand this matter to the Superior Court of New Jersey and
deny Plaintiffs’ request for fees and costs pursuant to 28 U.S.C. § 1447(c).” (D.E. No. 26 at 14).
The parties had fourteen 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, neither party has filed any
objections.
Having reviewed the parties’ submissions and Judge Dickson’s Report and
Recommendation, and for the reasons stated therein,
IT IS on this 13th day of April 2016,
ORDERED that this Court adopts Magistrate Judge Dickson’s Report and
Recommendation, (D.E. No. 26), in full, as the Opinion of this Court; and it is further

-1-

ORDERED that Plaintiffs’ motion to remand, (D.E. No. 22), is GRANTED; and it is
further
ORDERED that Plaintiffs’ request for fees and costs pursuant to 28 U.S.C. § 1447(c) is
DENIED; and it is further
ORDERED that this matter is hereby REMANDED to Superior Court, Law Division,
Morris County.

/s/ Esther Salas
Esther Salas, U.S.D.J.

-2-