Garan v. 32BJ North Pension Fund
- Vernon Broderick
- 1:24-cv-06964
- U.S. District Court · Southern District of New York
- 2
In Garan v. 32BJ North Pension Fund, Judge Broderick denied Garan’s motion to return the case to state court.
Jozef Garan, whose motion to return the case to state court was denied, and 32BJ North Pension Fund, which removed the case to federal court.
What happened
In Garan v. 32BJ North Pension Fund, the Fund moved the case from New York state court to the Southern District of New York. Jozef Garan asked the federal court to send it back.
A magistrate judge recommended denying Garan’s request. Neither side objected to that recommendation or asked for more time to object.
Judge Vernon S. Broderick reviewed the recommendation for clear error, found none, adopted it in full, and denied Garan’s motion to return the case to state court.
The detailed version
- Garan v. 32BJ North Pension Fund · No. 1:24-cv-06964
- Vernon Broderick
- Jan. 2, 2025
Background
On September 16, 2024, 32BJ North Pension Fund removed the case from the Supreme Court of the State of New York to the U.S. District Court for the Southern District of New York. Jozef Garan then moved to remand the case, meaning he asked the federal court to return it to state court.
Report and Recommendation
The court had referred the case to Magistrate Judge Katherine H. Parker. On November 7, 2024, Judge Parker recommended that Garan’s motion to remand be denied. The report explained that the parties could file objections, but neither party objected or requested additional time.
Ruling
Because there were no timely objections, Judge Broderick reviewed the report and recommendation for clear error on the face of the record. He found no clear error, adopted the report and recommendation in its entirety, and denied Garan’s motion to remand. The clerk was directed to mail Garan a copy of the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.