Martinez v. Dewalt Industrial Tool Co. et al

Filing 33

ORDER adopting Report and Recommendations of Magistrate Judge James Orenstein as to 13 Motion to Withdraw, that the court remand this case to the Supreme Court of the State of New York, Queens County. The case is remanded. Ordered by Senior Judge Raymond J. Dearie on 9/8/2011. (certified copy mailed to Queens County, re Case No. 31720/10) (Lee, Tiffeny)

FILED

IN CLERK'S OFFICE
U.S. DISTRICT COURT E.D.N.Y.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

*SEPO!:!Nil

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BROOKLYN OFFICE

MARIO MARTINEZ,

ORDER

Plaintiff,

11 CV 0655 (RJD) (JO)

-againstDEWALT INDUSTRIAL TOOL CO., eta!.,
Defendants.

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DEARIE, District Judge.
On February 7, 2011, defendant Probuild Company LLC filed a Notice ofRemoval removing
this action from the Supreme Court of the State of New York, Queens County, on the basis of
diversity jurisdiction.
By Report and Recommendation dated July 8, 2011, Magistrate Judge Orenstein advises that
the parties' are in unanimous agreement that this court lacks subject matter jurisdiction and
recommends that the court remand this case to the Supreme Court of the State ofNew York, Queens
County. None of the parties filed objections.
Accordingly, the Report and Recommendation is adopted, and the case is remanded.

SO ORDERED.
Dated: Brooklyn, New York
September _!1, 2011

s/Raymond J. Dearie
RA Y'MiJND JIJkARIE
United States District Judge