Norcal Homes Investment Group LLC v. Tamayo et al

Filing 10

Order by Hon. Samuel Conti Adopting 6 Report and Recommendations and Remanding Case.(sclc2, COURT STAFF) (Filed on 11/13/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 10 For the Northern District of California United States District Court 9 11 12 13 14 15 NORCAL HOMES INVESTMENT GROUP, LLC, ) ) ) Plaintiff, ) ) v. ) ) MINERVA S. TAMAYO, RICARDO TAMAYO, ) and DOES 1-X, ) ) Defendants. ) ) Case No. 12-4938-SC ORDER ADOPTING MAGISTRATE JUDGE'S RECOMMENDATION AND REMANDING CASE 16 On September 21, 2012, Defendants Minerva S. Tamayo and 17 Ricardo Tamayo (collectively, "Defendants") removed this unlawful 18 detainer action from California Superior Court to this Court. 19 No. 1. 20 Nathanael Cousins. 21 Cousins's jurisdiction. 22 Accordingly, on October 10, 2012, Judge Cousins issued an order 23 referring the case to the undersigned, along with a recommendation 24 that the case be remanded back to the state court where it was 25 filed. 26 Defendants at the time of issuance. 27 Rules of Civil Procedure 6(a), 6(d), and 5(b)(2)(E), Defendants had 28 until October 29, 2012 to object. ECF The case was assigned to United States Magistrate Judge Neither party affirmatively consented to Judge See 28 U.S.C. ยง 636(c); Civ. L.R. 73-1. ECF No. 6 ("R&R"). The R&R was electronically served on Accordingly, under Federal 1 Defendants have not objected and the time to do so has 2 elapsed. The Court, having reviewed the R&R and found it thorough 3 and well-reasoned, adopts it as the Court's order. 4 the Court REMANDS this case to the California Superior Court in and 5 for the County of Contra Costa. Accordingly, 6 7 IT IS SO ORDERED. 8 United States District Court For the Northern District of California 9 10 Dated: November 13, 2012 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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