Deutsche Bank National Trust Company v. Drew et al

Filing 5

ORDER signed by Judge Lawrence K. Karlton on 11/7/12 ADOPTING IN FULL 4 Findings and Recommendatons; REMANDING CASE to Superior Court of California, County of San Joaquin, Stockton Branch, case number 39-2011-00267245-CL-UD-STK. Copy of remand order sent to other court. CASE CLOSED. (Meuleman, 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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DEUTSCHE BANK NATIONAL TRUST
COMPANY,

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Plaintiff,

No. 2:11-cv-3306 LKK GGH PS

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vs.
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ERIC DFORTUNATTO DREW, et al.,

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Defendants.

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ORDER

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On August 22, 2012, the magistrate judge filed findings and recommendations

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

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

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Although it appears from the file that defendants’ copy of the findings and

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recommendations was returned, defendants were properly served. It is the defendants’

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responsibility to keep the court apprised of their current address at all times. Pursuant to Local

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Rule 182(f), service of documents at the record address of the party is fully effective.

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Accordingly, the court presumes 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,
concludes that it is appropriate to adopt the Findings and Recommendations in full.
Accordingly, IT IS ORDERED that the Findings and Recommendations filed
August 22, 2012, are ADOPTED and
1. The action is remanded to the Superior Court of California, County of San
Joaquin, Stockton Branch;
2. The Clerk is directed to serve a certified copy of this order on the Clerk of the
Superior Court of California, County of San Joaquin, Stockton Branch, and reference the state
case number (39-2011-00267245-CL-UD-STK) in the proof of service; and
3. The Clerk is directed to close this case.
DATED: November 7, 2012.

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