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09-495 - Kirshenbaum v. The Secretary of Veterans Affairs et al

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09-495 - Kirshenbaum v. The Secretary of Veterans Affairs et al
December 17, 2009
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REPORT AND RECOMMENDATIONS recommending that the District Court issue an Order confirming the Federal Defendants' disclaimer of interest in the subject property (48 Grand Street, Providence, Rhode Island 02907) and dismissing all of Plaintiff's claims against the Federal Defendants with prejudice. Also recommending that the Court exercise its discretion under 28 U.S.C. ยง 1447 to remand the remainder of this case back to Superior Court due to the absence of federal subject matter jurisdiction, and due to the fact that this case remains in its early stages and has not been the subject of any proceedings in this Court on the merits of Plaintiff's underlying state law claims. See Shilling v. Northwestern Mut. Life Ins. Co., 423 F. Supp. 2d 513, 520-521 (D.Md. 2006). ORDER that the Federal Defendants submit, by December 31, 2009, a proposed ORDER to Chief Judge Lisi for her consideration which implements the relief recommended herein. 3 MOTION to Dismiss for Lack of Jurisdiction filed by The Secretary of Veterans Affairs Objections to R&R due by 12/31/2009. So Ordered by Magistrate Judge Lincoln D. Almond on 12/17/09. (Noel, Jeannine)
January 5, 2010
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ORDER adopting in its entirety 6 Report and Recommendations, granting 3 Motion to Dismiss for Lack of Jurisdiction, and remanding the remainder of this case to the RI Superior Court. So Ordered by Chief Judge Mary M. Lisi on 1/4/2010. (Duhamel, John)