IIG Properties LLC v. Jimenez

Filing 10

ORDER VACATING 8 Order and Report and Recommendation dated January 15, 2013. Signed by Magistrate Judge Laurel Beeler on 1/15/2013. (lblc2, COURT STAFF) (Filed on 1/15/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
IIG PROPERTIES, LLC,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiff(s),
v.

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No. C 12-06117 LB
ORDER VACATING ORDER AND
REPORT AND RECOMMENDATION
DATED JANUARY 15, 2013

VICTOR JIMENEZ,
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[Re: ECF No. 8]
Defendant(s).
_____________________________________/

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On December 3, 2012, defendant Victor Jimenez removed this unlawful detainer action from

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state court. Notice of Removal, ECF No. 1. On January 2, 2013, plaintiff IIG Properties, LLC filed

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a motion to remand the action to state court. Motion to Remand, ECF No. 4. IIG consented to the

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undersigned’s jurisdiction on January 14, 2013. Consent (Plaintiff), ECF No. 7. Believing that Mr.

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Jimenez had neither consent to nor declined the undersigned’s jurisdiction, on the morning of

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January 15, 2013, the court ordered the Clerk of the Court to reassign this action to a district court

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judge and recommended that the newly-assigned district court judge grant IIG’s motion to remand.

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R&R, ECF No. 8. It turns out that Mr. Jimenez, too, consented to the undersigned’s jurisdiction on

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January 14, 2013, but because he is proceeding pro se, his consent form was not uploaded to the

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court’s electronic docket until the afternoon of January 15, 2013, after the court filed the report and

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recommendation. See Consent (Defendant), ECF No. 9.

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In light of both parties consenting to the undersigned’s jurisdiction, the court VACATES its

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January 15, 2013 report and recommendation and order directing the Clerk of the Court to reassign
C 12-06117 LB
ORDER

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the action. The court instead will issue an order on IIG’s motion to remand.
IT IS SO ORDERED.
Dated: January 15, 2013
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C 12-06117 LB
ORDER

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