WINOGRAD v. MERCEDES-BENZ USA, LLC

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS granting 21 Motion to Remand to State Court, 25 Report and Recommendations filed by STEVEN WINOGRAD ***CIVIL CASE TERMINATED. Signed by Judge William J. Martini on 7/10/17. (DD, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

Civ. No. 2:16-cv-04914 (WJM)

STEVEN WINOGRAD,
Plaintiff,

ORDER

v.
MERCEDES-BENZ USA, LLC., et al.,
Defendants.

This products liability action was removed to federal court on August 11, 2016.
Plaintiff Steven Winograd (“Plaintiff”) subsequently moved to join three additional
defendants, Prestige Auto, Inc., Ferrara’s Auto Body, and Daimler Trust of Forth Worth
Texas, and to remand the case. On June 14, 2017, United States Magistrate Judge Mark
Falk issued a Report and Recommendation finding that Plaintiff’s motion for joinder
pursuant to 28 U.SC. § 1447(e) should be granted and that the case should be remanded for
lack of federal subject matter jurisdiction because two of the newly joined defendants share
New Jersey citizenship with Plaintiff. In his Report, Judge Falk soundly applied the factors
under Hensgens v. Deere & Co., 833 F.2d 1179, 1182 (5th Cir. 1987) and found no
impropriety in the joinder of the three additional defendants. Because federal diversity
jurisdiction no longer exists, the case must be remanded. See 28 U.S.C. § 1447(e).

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For the reasons set forth in detail in the Report and Recommendation, and for good
cause appearing;
IT IS on this 10th day of July 2017, hereby,
ORDERED that Defendants’ objections to the Report and Recommendation are
overruled; and it is further
ORDERED that the Report and Recommendation of Magistrate Judge Mark Falk
is adopted as the Opinion of this Court; and it is further
ORDERED that this matter is hereby remanded to the Superior Court of New
Jersey.

/s/ William J. Martini
WILLIAM J. MARTINI, U.S.D.J.
.

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