Robert Kerns v. Portfolio Recovery Associates, LLC

Filing 14

MINUTES (IN CHAMBERS) Order GRANTING Motion to Remand; Other DENYING Request for Fees 11 by Judge Dale S. Fischer: MD JS-6. Case Terminated. (SEE MEMORANDUM FOR SPECIFICS) (bp)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM
JS 6
Case No.
Title

Date

CV 17-1098 DSF (KSx)

3/24/17

Robert Kerns v. Portfolio Recovery Associates, LLC

Present: The
Honorable

DALE S. FISCHER, United States District Judge

Debra Plato
Deputy Clerk

Not Present
Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(In Chambers) Order GRANTING Motion to Remand; Order
DENYING Request for Fees

Plaintiff’s motion to remand was filed on February 27, 2017 with a hearing date of
April 3. Opposition was due March 13. No opposition has yet been filed. The Court
deems this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78;
Local Rule 7-15. The hearing set for April 3, 2017 is removed from the Court’s calendar.
The Court deems the lack of opposition to be consent to the motion. L.R. 7-12; see
also Ghazali v. Moran, 46 F.3d 52 (9th Cir. 1995); Brydges v. Lewis, 18 F.3d 651, 652
(9th Cir. 1994). The motion to remand is GRANTED. The case is REMANDED to the
Superior Court of California, County of Los Angeles. The request for fees is DENIED
because the form complaint appeared to state a federal claim and it was not objectively
unreasonable for Defendant to have removed the case. Martin v. Franklin Capital Corp.,
546 U.S. 132, 141 (2005).
IT IS SO ORDERED.

CV-90 (12/02)

MEMORANDUM

Page 1 of 1