Aurora Loan Services LLC v. Montoya

Filing 7

ORDER adopting 6 FINDINGS AND RECOMMENDATIONS signed by Judge Morrison C. England, Jr., on 12/16/11. Plaintiff's 4 Motion to Remand is GRANTED. This matter is REMANDED to the Superior Court of CA, County of Solano. Copy of remand order sent. CASE CLOSED. (Kastilahn, A)

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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,

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No. CIV-S-11-2485-MCE-KJN-PS

vs.

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RAMNAR MONTOYA,

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Defendant.
__________________________________/

ORDER

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On November 9, 2011, the magistrate judge filed findings and recommendations herein

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

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and recommendations were to be filed within fourteen days. No objections were filed.

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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).

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The court has reviewed the applicable legal standards and, good cause appearing,
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 November 9, 2011, are
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ADOPTED;

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2. Plaintiff’s Motion to Remand (Dkt. No. 4) is granted;

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

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grounds that this court lacks subject matter jurisdiction over plaintiff’s claims; and
4. The Clerk of Court is directed to vacate all future dates and close this case.
Dated: December 16, 2011
________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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