Strategic Partners, LP v. Ijams et al

Filing 8

ORDER signed by Judge Lawrence K. Karlton on 1/3/2013 ORDERING 5 Findings and Recommendations are ADOPTED; this case is summarily REMANDED to the Placer County Superior Court (case MCV0056000); Clerk shall serve a copy of this order on the Clerk of the Placer County Superior Court; Copy of remand order sent to other court via USPS. CASE CLOSED. (Waggoner, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STRATEGIC PARTNERS, LP,
Plaintiff,

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v.
ROBERT IJAMS, et al.,
Defendants.

ORDER
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No. 2:12-cv-2803 LKK KJN PS

On November 19, 2012, the magistrate judge filed findings and recommendations

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(dkt. no. 5) which were served on the parties and which contained notice that any objections to

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the findings and recommendations were to be filed within fourteen (14) days. On November 30,

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2012, defendants filed objections to the findings and recommendations (dkt. no. 6), which have

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been considered by the court.

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This court reviews de novo those portions of the proposed findings of fact to

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which an objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v.

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Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981); see also Dawson v.

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Marshall, 561 F.3d 930, 932 (9th Cir. 2009). As to any portion of the proposed findings of fact

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to which no objection has been made, the court assumes its correctness and decides the motion

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on the applicable law. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The
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magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified

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School Dist., 708 F.2d 452, 454 (9th Cir. 1983).

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

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concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly,

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IT IS HEREBY ORDERED that:

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1. The findings and recommendations (dkt. no. 5) are ADOPTED;

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2. The action is summarily remanded to the Placer County Superior Court;

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3. The Clerk is directed to serve a certified copy of this order on the Clerk of the

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Placer County Superior Court, and shall reference the state case number (MCV0056000) in the
proof of service; and
4. The Clerk is directed to close this case.
DATED: January 3, 2013.

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