Aurora Loan Services LLC v. Le et al

Filing 16

ORDER signed by Judge Lawrence K. Karlton on 12/12/11 ORDERING that the Proposed Findings and Recommendations filed May 23, 2011, are ADOPTED; Plaintiffs motion to remand 8 is granted; This matter is remanded to the Superior Court of California, Co unty of Sacramento, on the ground that this court lacks subject matter jurisdiction over plaintiff's claims; and The Clerk of Court shall vacate all dates and close this case. REMANDING CASE to Superior Court of California, County of Sacramento. Copy of remand order sent to other court. CASE CLOSED. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AURORA LOAN SERVICES, LLC.,

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Plaintiff,
vs.

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No. CIV-S-11-0087-LKK-KJN-PS

THANH VAN LE, et al.,

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Defendants.
__________________________________/

ORDER

On May 23, 2011, the magistrate judge filed findings and recommendations herein which

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were served on the parties and which contained notice that any objections to the findings and

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recommendations were to be filed within fourteen days. No objections were filed.
Accordingly, the court presumes that any findings of fact are correct. See Orand v.

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United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

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1983).
The court has reviewed the applicable legal standards and, good cause appearing,

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concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full.

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Accordingly, IT IS ORDERED that:

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1. The Proposed Findings and Recommendations filed May 23, 2011, are ADOPTED;

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2. Plaintiff’s motion to remand (Dkt. No. 8) is granted;

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3. This matter is remanded to the Superior Court of California, County of Sacramento,

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on the ground that this court lacks subject matter jurisdiction over plaintiff’s claims; and
4. The Clerk of Court shall vacate all dates and close this case.
DATED: December 12, 2011.

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