MSF REO II, LLC v. Floro et al

Filing 9

ORDER signed by Judge Kimberly J. Mueller on 4/4/2012 ORDERING that the 8 Findings and Recommendations filed 2/6/2012, are ADOPTED. Plaintiff's 7 motion to remand is GRANTED and this matter is REMANDED to the Superior Court of California, Co unty of Solano. Plaintiff's request for attorney's fees is DENIED. Plaintiff's 5 ex parte application seeking remand of this case is DENIED AS MOOT. All dates are VACATED and the Clerk of Court is directed to CLOSE this case. CASE CLOSED. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MSF REO II, LLC,
Plaintiff,

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No. CIV-S-11-3265-KJM-KJN-PS

vs.

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ANITA M. CATEDRILLA, et al.,

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Defendant.
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ORDER

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On February 6, 2012, the magistrate judge filed findings and recommendations,

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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.
The court presumes that any findings of fact are correct. See Orand v. United

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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). Having carefully reviewed the file, the court finds the findings and recommendations to

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be supported by the record and by the proper analysis.

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Accordingly, IT IS ORDERED that:

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1. The Findings and Recommendations filed February 6, 2012, are ADOPTED;

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2. Plaintiff’s motion to remand (Dkt No. 7) is granted and this matter is remanded
to the Superior Court of California, County of Solano;

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3. Plaintiff’s request for attorney’s fees is denied;

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4. Plaintiff’s ex parte application seeking remand of this case (Dkt No. 5) is

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denied as moot; and
5. All dates are vacated and the Clerk of Court is directed to close this case.
DATED: April 4, 2012.

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UNITED STATES DISTRICT JUDGE

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