Mcmillan v. Pazienza-Mcmillan

Full title: BEN H. MCMILLAN, JR., Plaintiff, v. LOUISA E. PAZIENZA-MCMILLAN, Defendant.

Court: United States District Court, D. New Jersey

Date published: Nov 19, 2021

Civil Action 19-8301 (MAS) (TJB) (D.N.J. Nov. 19, 2021)

Opinion

Civil Action 19-8301 (MAS) (TJB)

11-19-2021

BEN H. MCMILLAN, JR., Plaintiff, v. LOUISA E. PAZIENZA-MCMILLAN, Defendant.

MICHAEL A. SHIPP UNITED STATES DISTRICT JUDGE

ORDER

MICHAEL A. SHIPP UNITED STATES DISTRICT JUDGE

This matter comes before the Court on two motions: Plaintiff Ben H. McMillan, Jr.'s (“Plaintiff') Motion to Remand and Vacate Default (ECF No. 11) and Defendant Louisa E. Pazienza-McMillan's (“Defendant”) Motion for Default Judgment (ECF No. 14). Defendant opposed the Motion to Remand and Vacate Default (ECF Nos. 12, 13), and Plaintiff did not fde a reply. Plaintiff did not respond to Defendant's Motion for Default Judgment but addressed the issue in his prior submission. (See ECF No. 11.) The Court has carefully considered the parties' submissions and decides the matter without oral argument pursuant to Local Civil Rule 78.1. For the reasons set forth in the accompanying Memorandum Opinion, and for other good cause, IT IS, on this 19^th day of November 2021, ORDERED as follows:

1. Plaintiff's Motion to Remand and Vacate Default (ECF No. 11) is GRANTED.

2. Defendant's Motion for Default Judgment (ECF No. 14) is DENIED.

3. The case is hereby remanded to the Superior Court of New Jersey, Monmouth County, Family Part, pursuant to 28 U.S.C. § 1447(c).