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Rowe v. Sunsweet Growers, Inc.

United States District Court, Third Circuit

January 7, 2014

ANDREW ROWE and LESLIE ROWE, Plaintiffs,
v.
SUNSWEET GROWERS, INC., GRAHAM PACKAGING, L.P., GRAHAM PACKAGING COMPANY, INC., GRAHAM PACKAGING HOLDINGS COMPANY, SILGAN WHITE CAP, LLC, and JOHN DOES 1-20., Defendants. GRAHAM PACKAGING COMPANY, L.P., GRAHAM PACKAGING COMPANY, INC., GRAHAM PACKAGING HOLDINGS COMPANY, Defendants/Third-Party Plaintiffs,
v.
SILGAN WHITE CAP, Third-Party Defendant.

REPORT AND RECOMMENDATION

MADELINE COX ARLEO, Magistrate Judge.

THIS MATTER comes before the Court by way of Plaintiffs Andrew Rowe and Leslie Rowe's ("Plaintiffs") motion seeking leave to file a Third Amended Complaint joining a non-diverse defendant and to remand this action, pursuant to 28 U.S.C. ยง 1447, to the New Jersey Superior Court, Law Division, Essex County, (Dkt. No. 76-1); and Defendants Silgan White Cap, LLC ("Silgan") and Defendant Sunsweet Growers, Inc. having opposed Plaintiffs' motion, (Dkt. Nos. 81-82); and the Court having considered the papers submitted in support of and in opposition to the motion; and the Court having heard oral argument on December 19, 2013; and the Court having granted Plaintiffs' Motion for leave to file a Third Amended Complaint (Dkt. No. 86); and for the reasons expressed on the record; and for good cause shown;

IT IS on this 6th day of January, 2014,

RECOMMENDED that Plaintiffs' motion to remand this matter to the New Jersey Superior Court, Law Division, Essex County be GRANTED.

The parties have fourteen (14) days from the date hereof to file objections.


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