Balistreri et al v. Trzeciak

Filing 18

MEMORANDUM OPINION filed. Signed by Judge Mary L. Cooper on 10/30/2015. (mmh)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
:
CHRISTINA BALISTRERI, ROSEANN :
BALISTRERI, and ANTHONY
:
BALISTRERI,
:
:
Plaintiffs,
:
:
v.
:
:
HENRY J. TRZECIAK,
:
:
Defendant.
:
:

CIVIL ACTION NO. 15-3506 (MLC)
MEMORANDUM OPINION

THIS ACTION was instituted in the United States District Court for the Eastern
District of New York, and then transferred to this Court. (See dkt. 1; dkt. 6.) This Court
ordered, inter alia, that: (1) the claims brought by the plaintiff Christina Balistreri were to
proceed under this docket number in an amended complaint; (2) the claims brought by the
plaintiffs Roseann Balistreri and Anthony Balistreri were to be severed from this action
without prejudice; (3) this action insofar as it concerned Roseann Balistreri and Anthony
Balistreri was to be terminated without prejudice; and (4) Roseann Balistreri and Anthony
Balistreri were to institute a separate action. (See dkt. 16.)
BUT the parties now advise this Court that they have stipulated to proceed in New
Jersey state court, and that “[t]he statute of limitations or any timeliness defense based on
transfer is hereby waived and shall not bar the proceedings and continued litigation of this
matter” in New Jersey state court. (Dkt. 17-1 at 2; see dkt. 17 at 1.) The parties also, in

effect, request that this Court “moot out the necessity for the refiling of the complaint as
to plaintiffs Roseann Balistreri and Anthony Balistreri and filing the amended complaint
as to plaintiff Christina Balistreri.” (Dkt. 17 at 1.)
THIS COURT will therefore: (1) reinstate this action insofar as it was brought by
the plaintiffs Roseann Balistreri and Anthony Balistreri; (2) dismiss all of the claims in
this action without prejudice to the plaintiffs to institute a new action in New Jersey state
court within thirty days; and (3) close this action insofar as it exists in this Court.
FOR GOOD CAUSE APPEARING, this Court will issue an appropriate order
and judgment.1

s/ Mary L. Cooper
MARY L. COOPER
United States District Judge
Dated: October 30, 2015

1

This Court cannot grant the request by the parties to remand this action to New Jersey
state court, because this action was not removed from New Jersey state court.

2