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16-30175 - Donnelly v. Town of Wilbraham et al


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16-30175 - Donnelly v. Town of Wilbraham et al
February 6, 2018
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Magistrate Judge Katherine A. Robertson: ORDER entered. REPORT AND RECOMMENDATIONS re 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nick Breault, Michael Cygan, Town of Wilbraham, Timothy Kane, Sean Casella, Shawn Baldwin.. For the foregoing reasons, the Court recommend that the presiding District Judge refrain from ruling on the Defendants Motion to Dismiss and, instead, order that this case be remanded to the Hampden County Superior Court, that the file be returned to the Clerks Office of the Hampden County Superior Court and that the case be closed on this courts docket. Plaintiff is not entitled to any award of costs because the Defendants had an objectively reasonable basis for removal. See Barbuto, 148 F. Supp. 3d at 150. Objections to R&R due by 2/20/2018; cc/Pltf. (Finn, Mary)
March 9, 2018
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Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. As follows: For the reasons stated, The Report and Recommendation of the Magistrate Judge(Dkt. No. 22), upon de novo review, is hereby ADOPTED, in part. Defendants' Motion to Dismiss (Dkt. No. 6) is hereby DENIED without prejudice. The clerk is ordered to remand this case to the Hampden County Superior Court. It is so ordered. See the attached memo and order for complete details. (Lindsay, Maurice)