U.S. BANK NATIONAL ASSOCIATION v. MAY et al

Filing 27

MEMORANDUM OPINION. Signed by Judge Mary L. Cooper on 7/1/2014. (gxh)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

U.S. BANK NATIONAL
ASSOCIATION, as Trustee for
the LXS 2006 - 10N,
Plaintiff,
v.
WAYNE MAY, et al.,
Defendants.

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CIVIL ACTION NO. 13-4624 (MLC)
MEMORANDUM OPINION

THE MAGISTRATE JUDGE ordered the parties to show cause why the action
should not be remanded to state court pursuant to 28 U.S.C. § 1447. (See dkt. entry nos.
4, 19.) The plaintiff supports remand in response to the Magistrate Judge’s inquiry. (See
dkt. entry nos. 22, 23.) The defendants Wayne May and Rosemarie Harrington-May
oppose remand in response. (See dkt. entry nos. 20, 21.) The Magistrate Judge then
conducted oral argument. (See dkt. entry no. 25.)
AS THE REMAND of an action to state court is an arguably dispositive matter,
the Magistrate Judge addressed the matter in a Report and Recommendation entered June
11, 2014. See 28 U.S.C. § 636(b)(1)(B)-(C); Fed.R.Civ.P. 72(b)(1); L.Civ.R. 72.1(a)(2).
The Magistrate Judge recommended that the action be remanded to state court. (See dkt.
entry no. 26.)

Any party to the action could have filed specific objections to the Magistrate
Judge’s Report and Recommendation, whereupon this Court would have conducted a de
novo review. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b)(2)-(3); L.Civ.R. 72.1(c)(2).
By any measure, the time for filing such objections has expired; no objections have been
filed. See 28 U.S.C. § 636(b)(1) (providing 14 days to object); Fed.R.Civ.P. 72(b)(2)
(same); L.Civ.R. 72.1(c)(2) (same); see also Fed.R.Civ.P. 6(d) (providing additional three
days to respond in certain instances); L.Civ.R. 5.2(5) (reiterating Federal Rule of Civil
Procedure 6(d)); Fed.R.Civ.P. 6(a)(1) (directing, inter alia, (i) intermediate Saturdays and
Sundays to be counted, and (ii) response period to be extended to next day that court is
open if last day falls on Saturday or Sunday).
THIS COURT, upon reviewing the Report and Recommendation of the
Magistrate Judge, accepts and agrees with the findings and recommendations in whole.
For good cause appearing, the Court will issue an appropriate order and judgment.

s/ Mary L. Cooper
MARY L. COOPER
United States District Judge
Dated: July 1, 2014

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