Dunmore v. Dunmore

Filing 161

ORDER signed by Chief Judge Morrison C. England, Jr on 2/4/14 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 10/9/13 156 are ADOPTED in full; Jeremy A. Dunmore's 8/2/13, MOTION for Judgment on the Pleadings, 138 is GRANTED IN PART; Pla intiff's RICO claims are DISMISSED WITHOUT LEAVE TO AMEND; The Court DECLINES to excercise supplemental jurisdiction over Plaintiff's remaining state law claims; This matter is REMANDED to the Placer County Superior Court for lack of subject matter jurisdiction; and the Clerk is directed to close the case. Copy of remand order sent to other court. CASE CLOSED; (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN DUNMORE,

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No. 2:11-cv-2867 MCE AC PS

Plaintiff,
v.

ORDER

SIDNEY D. DUNMORE, et al.,
Defendants.

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Plaintiff is proceeding in this action in pro per. The matter was referred to a United States
Magistrate Judge pursuant to Local Rule 302(c)(21).
On August 2, 2013, Defendant Jeremy Dunsmore filed a Motion for Judgment on the

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Pleadings. ECF No. 138. Thereafter, Defendant Sidney B. Dunmore joined in the motion, ECF

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No. 140, as did Defendants Chady Dunmore, Claude Parcon, Kelly Houghton, Mary Nielson,

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Shelli Donald, and Lynda Tremain, ECF No. 141, and Acquisition Phoenix-Miami LP,

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Acquisition Venice LP, Acquisition West Hatcher LP, Amberwood Investments LLC, Kathleen

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L. Dunmore, and Maximillion Capital LLC, ECF No. 142.

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On October 9, 2013, the magistrate judge filed Findings and Recommendations herein,

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ECF No. 156, which were served on all parties and which contained notice to all parties that any

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objections to the findings and recommendations were to be filed within fourteen days. Plaintiff

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has filed objections to the findings and recommendations. ECF No. 159.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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Court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The findings and recommendations filed October 9, 2013, are ADOPTED IN
FULL;

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Jeremy A. Dunmore’s August 2, 2013, Motion for Judgment on the Pleadings,
ECF No. 138, is GRANTED IN PART;

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3.

Plaintiff’s RICO claims are DISMISSED WITHOUT LEAVE TO AMEND;

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4.

The Court declines to exercise supplemental jurisdiction over Plaintiff’s remaining
state law claims;

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5.

This matter is REMANDED to the Placer County Superior Court for lack of
subject matter jurisdiction; and

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6.

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IT IS SO ORDERED.

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The Clerk of the Court is directed to close the case.

Dated: February 4, 2014

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