Quick v. Shell Oil Co.

OPINION AND ORDER

SCHEINDLIN, District Judge.

I. INTRODUCTION

On August 3, 2005, United States Magistrate Judge David G. Bernthal filed a Re*359port recommending that plaintiffs’ motion to remand be denied.1 Plaintiffs object to three of Judge Bernthal’s determinations: first, that Shell Oil Company’s (“Shell Oil”) Notice of Removal was timely; second, that Shell Oil acted under federal direction, had a colorable federal defense, and had shown a sufficient causal nexus between the conduct directed by the federal agency and the harm about which plaintiffs complain; and, third, that “from…