Bennett v. Great Lakes Cheese Co., Inc.

Full title: ROBERT BENNETT, et al., Plaintiffs, v. GREAT LAKES CHEESE CO., INC., et…

Court: United States District Court, D. New Jersey

Date published: Mar 25, 2009

Civil Action No. 08-6387 (SDW) (D.N.J. Mar. 25, 2009)

Opinion

Civil Action No. 08-6387 (SDW).

March 25, 2009

REPORT AND RECOMMENDATION

MADELINE ARLEO, Magistrate Judge

THIS MATTER having come before the Court upon the motion of plaintiffs (Matthew P. Pietrowski, Esq., of Levinson Axelrod, P.A., appearing) to remand, or in the alternative, to seek leave to amend their complaint and to remand, and for an award of attorney's fees and costs, pursuant to 28 U.S.C. § 1447(e), (Docket Entry No. 5), and upon notice to defendant, Great Lakes Cheese Company, Inc. (William White, Jr., Esq., of Bonner Kieman Trebach Crociata, LLP appearing), and the Court having considered the papers submitted in support of and in opposition to the motion and having heard the argument of the parties, and for the reasons set forth on the record on March 25, 2009, and for good cause shown;

IT IS on this 25^th day of March 2009, RECOMMENDED THAT plaintiffs' motion seeking leave to amend their complaint and to remand this case to state court (Docket Entry No. 5) be GRANTED; and

IT IS FURTHER RECOMMENDED THAT plaintiffs' request for an award of attorney's fees and costs, pursuant to 28 U.S.C. § 1447(c), be DENIED.

The parties have ten (10) days from the date hereof to file objections.