District Court, D. New Jersey February 20, 2003, Civil Action 02-245 (Jimenez v. New Jersey)

OPINION

RODRIGUEZ, District Judge.

This matter comes before the Court on Defendants’ Motion to Dismiss for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff has filed a cross-motion to remand the matter to state court and to recover attorneys’ fees and costs.