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17-2795 - Mackey v. Secured Asset Management, LLC. et al

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17-2795 - Mackey v. Secured Asset Management, LLC. et al
March 16, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATIONS; For the foregoing reasons, IT IS HEREBY ORDERED that the Court adopts the thorough and well-reasoned finding and recommendation in the R&R (Dkt. No. 40) that the moving defendants' motion to dismiss be granted for lack of subject matter jurisdiction. Accordingly,the moving defendants' motion to dismiss (Dkt. No. 13) is granted for the reasons set forth herein. In addition, plaintiffs claims against the moving defendants (and Secured Asset and Sterling National) are remanded to Nassau County Supreme Court. See Vossbrinck v. Accredited Home Lenders, Inc., 773 F.3d 423, 427 (2d Cir. 2014) (concluding removed claims for which there was no subject matter jurisdiction should be remanded, rather than dismissed outright). IT IS FURTHER ORDERED that the moving defendants shall serve a copy of this Order on plaintiff and file proof of service with the Court. Ordered by Judge Joseph F. Bianco on 3/16/2018. (Bollbach, Jean)