Adventist Health System (AHS) et al v. Clark

Filing 5

FINDINGS and RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 7/12/06 recommending that this action be summarily remanded to the Superior Court of CA, County of Placer. Case referred to Judge Damrell. Objections to the F&R's are due within 20 days after being served with the F&R's. Any reply to the objections is due within 10 days after service of the objections.(Kastilahn, A)

(PS) Adventist Health System (AHS) et al v. Clark

Doc. 5

Case 2:06-cv-01470-FCD-KJM

Document 5

Filed 07/13/2006

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 / 19 The above-titled actions were related by order dated July 11, 2006. Findings and 20 recommendations previously issued in case nos. CIV S-06-1467 and CIV S-06-1472, which were 21 also related to these actions. 22 Defendant has filed a notice of removal of a state court petition of employer for 23 injunction prohibiting violence or threats of violence against employee in which plaintiff seeks a 24 stay away order against defendant. There is no basis for federal subject matter jurisdiction 25 evident in the state court action. Under 28 U.S.C. § 1447(c), this action should therefore be 26 1
Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ADVENTIST HEALTH SYSTEM, et al., Plaintiffs, vs. BARBARA CLARK, Defendant. / and related actions. No. CIV S-06-1466 FCD KJM PS No. CIV S-06-1468 FCD KJM PS No. CIV S-06-1470 FCD KJM PS No. CIV S-06-1471 FCD KJM PS No. CIV S-06-1473 FCD KJM PS FINDINGS AND RECOMMENDATIONS No. CIV S-06-1465 FCD KJM PS

Case 2:06-cv-01470-FCD-KJM

Document 5

Filed 07/13/2006

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summarily remanded. Accordingly, IT IS HEREBY RECOMMENDED that the above-titled actions be summarily remanded to the Superior Court of California, County of Placer. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any reply to the objections shall be served and filed within ten days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). DATED: July 12, 2006.

______________________________________ UNITED STATES MAGISTRATE JUDGE

006 clark1 465. rem

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