Scalzo v. Allied Property and Casualty Insurance Company, Inc. et al
Filing
19
ORDER ADOPTING 18 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER GRANTING 10 Plaintiff's Motion to Remand; and ORDER REMANDING CASE to Madera County Superior Court, signed by District Judge Lawrence J. O'Neill on 7/27/2011. CASE CLOSED. Copy of remand order mailed to Madera County Superior Court. (Jessen, A)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
MARTHA SCALZO,
11
12
13
14
15
16
)
)
Plaintiff,
)
)
v.
)
)
ALLIED PROPERTY AND CASUALTY
)
INSURANCE COMPANY, a corporation and )
DOES 1 through 10,
)
)
Defendants.
)
_____________________________________ )
1:11-cv-00612 LJO GSA
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS ISSUED
JULY 11, 2011
(Document 18)
17
18
Defendant Allied Property and Casualty Insurance Company removed this action from
19
Madera County Superior Court on April 15, 2011. (Doc. 1.) Defendant filed an answer to
20
Plaintiff’s complaint on April 22, 2011. (Doc. 8.)
21
On June 9, 2011, Plaintiff Martha Scalzo filed her Motion to Remand for Lack of Subject
22
Matter Jurisdiction. (Docs. 10-12.) Defendant filed its opposition on June 24, 2011 (Doc. 15)
23
and Plaintiff filed her reply thereto on July 1, 2011 (Doc. 16).
24
On July 11, 2011, the Magistrate Judge issued Findings and Recommendations
25
recommending the matter be remanded to the Madera County Superior Court, and that Plaintiff’s
26
request for an award of fees be denied. The Findings and Recommendations were served on all
27
28
1
1
parties and contained notice that any objections were to be filed within fifteen (15) days. (Doc.
2
6.) To date, no party has filed objections.
3
In accordance with the provisions of Title 28 of the United States Code section 636
4
(b)(1)(c), this Court has conducted a de novo review of the case. Having carefully reviewed the
5
entire file, the Court finds that the Findings and Recommendations are supported by the record
6
and proper analysis.
7
Accordingly, IT IS HEREBY ORDERED that:
8
1.
9
The Findings and Recommendations dated July 11, 2011, are ADOPTED IN
FULL; and
10
2.
Based on the above, IT IS HEREBY ORDERED that Plaintiff Martha Scalzo’s
11
Motion for Remand for Lack of Subject Matter Jurisdiction be GRANTED and
12
that this action be REMANDED to the Madera County Superior Court of
13
California, for all further proceedings. This Order terminates this action in its
14
entirety.
15
16
IT IS SO ORDERED.
17
Dated:
b9ed48
July 27, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?