District Court, D. New Jersey February 27, 2003, Civil Action No. 02-3341(JBS) (Menoken v. McNamara)

OPINION

SIMANDLE, District Judge.

This matter is before the Court on plaintiffs motion to vacate this Court’s Order filed September 26, 2002 which found removal jurisdiction based on federal question jurisdiction. Plaintiff argues that the order should be vacated based on the November 5, 2002 decision of the United States Supreme Court in Syngenta Crop Protection, Inc. v. Henson, — U.S.-, 123 S.