Louden, LLC v. Lopez et al

Filing 14

ORDER REMANDING CASE.. Signed by Judge Susan Illston on 11/9/12. (tfS, COURT STAFF) (Filed on 11/13/2012) (Additional attachment(s) added on 11/13/2012: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

Download PDF
1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 v. 10 United States District Court For the Northern District of California ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING CASE TO SOLANO COUNTY SUPERIOR COURT Plaintiff, 8 9 No. C 12-05070 SI LOUDEN LLC, JUAN MANUEL LOPEZ, and NORMA LOPEZ, 11 Defendants. / 12 13 Currently before the Court is Chief Magistrate Judge Maria-Elena James’ October 22, 2012 14 Report and Recommendation. On October 2, 2012, Judge James issued an Order to Show Cause 15 requiring defendants to address whether jurisdiction exists over the claims alleged in the removed 16 unlawful detainer complaint. Defendants failed to respond. In her Report and Recommendation, Judge 17 James found that there is no jurisdiction because there are no federal claims alleged in the underlying 18 unlawful detainer complaint. No objections to the Report and Recommendation were filed by the 19 November 8, 2012 deadline. 20 The Court has reviewed the Notice of Removal and Judge James’ Report and Recommendation, 21 and finds that removal was improper and that this Court lacks jurisdiction for the reasons stated in the 22 Report and Recommendation. Accordingly, the Court ADOPTS the Report and Recommendation and 23 REMANDS this case to the Superior Court for the County of Solano. All pending motions are 24 terminated as moot. 25 IT IS SO ORDERED. 26 27 28 Dated: November 9, 2012 SUSAN ILLSTON United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?