SRD Investments Inc. v. Montes

Filing 13

ORDER Adopting FINDINGS AND RECOMMENDATIONS (ECF No. 11 ), signed by District Judge Lawrence J. O'Neill on 2/10/2014. The January 2, 2014 Findings and Recommendations are ADOPTED IN FULL. Plaintiff's motion to remand is GRANTED (ECF No. 4 ) . This action is REMANDED to state court. Plaintiff is awarded $1,705.00 in attorneys' fees incurred as a result of improper removal. The clerk is directed to take necessary action to remand this action to Madera County Superior Court and to close this action. REMANDING CASE to Madera County Superior Court. Copy of remand order sent to other court. CASE CLOSED.(Fahrney, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SRD INVESTMENTS INC., Case No. 1:13-cv-01872-LJO-SAB Plaintiff, 12 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. 13 ECF NO. 11 14 NANCY MONTES, Defendant. 15 16 17 On January 2, 2014, the magistrate judge assigned to this action issued Findings and 18 Recommendations that Plaintiff SRD Investments Inc.’s (“Plaintiff”) motion to remand be 19 granted. (ECF No. 11.) The Findings and Recommendations contained notice that any 20 objections were to be filed within thirty (30) days. To date, no party has filed objections to the 21 Findings and Recommendations. 22 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted 23 a de novo review of this case. Having carefully reviewed the entire file, the Court finds that the 24 Findings and Recommendations are supported by the record and by proper analysis. 25 Accordingly, it is HEREBY ORDERED that: 26 1. The January 2, 2014 Findings and Recommendations are ADOPTED IN FULL; 27 2. Plaintiff’s motion to remand is GRANTED (ECF No. 4); 28 3. This action is REMANDED to state court; and 1 1 4. removal. 2 3 Plaintiff is awarded $1,705.00 in attorneys’ fees incurred as a result of improper The clerk is directed to take necessary action to remand this action to Madera County 4 Superior Court and to close this action. 5 6 7 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill February 10, 2014 UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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