Pagnotta et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The undersigned adopts the recommendation of the Chief Magistrate Judge Mann. Remanded to State Court. SO Ordered by Judge Raymond J. Dearie on 5/21/2018. (Ramesar, Thameera)

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

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

*

MAY 212018 *

BROOKLYN OFFICE

DENISE PAGNOTTA,

Plaintiff,

REPORT AND
RECOMMENDATION

18-CV-2243(RJD)

-againstOUTBACK STEAKHOUSE OF FLORIDA, LLC.,
Defendant.

ROANNE L. MANN, CHIEF UNITED STATES MAGISTRATE JUDGE:

On April 18, 2018, this Court issued an Order To Show Cause, a copy of whidh is
attached hereto and incorporated by reference herein, directing the defendant to show cause

why the case should not be remanded back to state court for failing to satisfy the $75,000
threshold for diversity jurisdiction. Although defendant was ordered to respond by April 25,
2018, no response from defendant has been forthcoming.
For the reasons stated in the attached Order To Show Cause, this Court concludes that

the case was improperly removed to federal court without the requisite showing that the

jurisdictional threshold has been satisfied. Therefore, it is the recommendation of this Court
that the case be remanded back to the state court.

Any objections to this Report and Recommendation must be filed with the Honorable
Raymond J. Dearie on or before May 11, 2018. Failure to file objections in a timely manner
t ■2r

s/ RJD

may waive a right to appeal the District Court order. See 28 U.S.C. § 636(b)(1); Fed

R. Civ.

P. 6(a), 6(d), 72.
SO ORDERED.

Dated:

Brooklyn, New York
April 27, 2018

/s/

ROANNE L. MANN

CHIEF UNITED STATES MAGISTRATE JUDGE