Curtis v. Coca-Cola Enterprises Bottling Companies

Filing 77

ORDER ADOPTING 71 FINDINGS AND RECOMMENDATIONS, signed by District Judge Anthony W. Ishii on 2/18/2015. (IT IS HEREBY ORDERED that: 1. The Findings and Recommendations, issued January 20, 2015, are adopted in full; 2. Plaintiffs 56 Motion to Remand, filed on December 4, 2014, is DENIED.)(Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

10 MAURICE J. CURTIS,
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Plaintiff,
vs.

13 BCI COCA-COLA ENTERPRISES
BOTTLING COMPANIES,
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Defendants.

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Case No.:1:13-cv-1939 AWI-BAM
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 71)

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This action was removed to federal court by Defendant BCI Coca-Cola Bottling Company of
Los Angeles (“Defendant”) on November 17, 2013. (ECF No. 1.) On December 4, 2014, Plaintiff
Maurice Curtis moved to remand this action back to Fresno County Superior Court (ECF No. 56) for a
lack of diversity jurisdiction. The matter was referred to United States Magistrate Judge Barbara A.
McAuliffe pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On January 20, 2015, Magistrate Judge McAuliffe issued Findings and Recommendations
recommending that the Motion to Remand be DENIED.

(ECF No. 71.) The Findings and

Recommendations were served on all parties and contained notice that any objections were to be filed
within fifteen (15) days of the date of service. To date, no party has filed objections to the Findings
and Recommendations.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de

2 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and
3 Recommendations are supported by the record and proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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The Findings and Recommendations, issued January 20, 2015, are adopted in
full;

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Plaintiff’s Motion to Remand, filed on December 4, 2014, is DENIED.

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9 IT IS SO ORDERED.
10 Dated: February 18, 2015
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SENIOR DISTRICT JUDGE

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