Plaintiffs, Francine Scalamoni, Joseph Scalamoni, George Davis and Helen Davis
(hereinafter “Plaintiffs”) have filed a Consolidated Motion and Memorandum of Law for
Remand and Attorney’s Fees After Improvident Removal (Case No. 3:06-1166, Docket Entry
15, Exhibit 7). This Consolidated Motion was referred to the undersigned for Report and
Recommendation. (Case No. 3:06-MDL-1760, Docket Entry 217).For the reasons stated below, the Magistrate Judge recommends that the Plaintiffs’
Consolidated Motion for Remand be GRANTED and that Plaintiffs’ causes of action be
REMANDED to New Jersey state court. Further, the Magistrate Judge recommends that
Plaintiffs’ request for attorneys’ fees be DENIED.
The Magistrate Judge believes that the Defendant had an objectively reasonable basis for
seeking removal, when considering the combined effect of all of it’s arguments regarding
labeling as well as it’s novel argument regarding punitive damages. Therefore, the Plaintiffs are
not entitled to their attorneys’ fees and costs incurred as a result of the removal. 28 U.S.C. §
1447(c).
For the reasons stated above, the Magistrate Judge recommends that the Plaintiffs’
Consolidated Motion for Remand be GRANTED and that Plaintiffs’ causes of action be
REMANDED to New Jersey state court. Further, the Magistrate Judge recommends that
Plaintiffs’ request for attorneys’ fees be DENIED.
...
Accordingly, the Consolidated Motion for Remand filed by Plaintiffs Francine Scalamoni,
Joseph Scalamoni, George Davis and Helen Davis in Case No. 3:06-1166 (Exhibit 7 to Docket No.
15) is GRANTED, and the causes of action of Plaintiffs Francine Scalamoni, Joseph Scalamoni,
George Davis and Helen Davis are remanded to the New Jersey state court. Plaintiffs’ Motion for
Attorney’s Fees After Improvident Removal (also Exhibit 7 to Docket No. 15 in Case No. 3:06-
1166) is DENIED.
