Wilson v. Gagni

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATION TO GRANT MOTION TO REMAND AND DENY REQUEST FOR ATTORNEYS FEES AND SANCTIONS 8 (Illston, Susan) (Filed on 2/7/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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DIANA T. WILSON,

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No. C 13-4814 SI

Plaintiff,

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v.

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ORDER ADOPTING REPORT AND
RECOMMENDATION TO GRANT
MOTION TO REMAND AND DENY
REQUEST FOR ATTORNEY’S FEES
AND SANCTIONS

JOLY GAGNI,

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Defendant.
/

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On July 22, 2013, plaintiff filed a lawsuit for unlawful detainer against defendant in Placer

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County Superior Court. Docket No. 1, Compl. On October 16, 2013, defendant removed the action

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from state court to this Court pursuant to 28 U.S.C. § 1441 on the basis of federal question jurisdiction.

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Docket No. 1, Notice of Removal. On December 5, 2013, plaintiff filed a motion to remand. Docket

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No. 8. In the motion, plaintiff also requested an award of attorney’s fees and that the Court sanction

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defendant pursuant to Federal Rule of Civil Procedure 11(c)(3). Id. at 4-5.

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On January 17, 2014, Magistrate Judge Spero issued a Report and Recommendation (“the

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Report”). Docket No. 17. The Report recommends granting plaintiff’s motion to remand and denying

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plaintiff’s request for attorney’s fees and sanctions. Id. Pursuant to 28 U.S.C. § 636(b)(1), the parties

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had fourteen days from service of the Report to file written objections. See also Fed. R. Civ. P. 72(b).

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The case was reassigned to the undersigned judge on January 23, 2014. Docket No. 20. Neither party

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filed objections to the Report by the appropriate deadline.

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The Court has reviewed the Report and the docket in this case. The Court agrees with Judge

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Spero’s analysis. See Wells Fargo Bank v. Lapeen, 2011 U.S. Dist. LEXIS 60671, at *8-12 (N.D. Cal.

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Jun. 2, 2011). Accordingly, the Court ADOPTS the Report and Recommendation, GRANTS plaintiff’s

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motion to remand, REMANDS this action to Placer County Superior Court, and DENIES plaintiff’s

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request for attorney’s fees and sanctions.

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This order resolves Docket Nos. 8 and 15.

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IT IS SO ORDERED.

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United States District Court
For the Northern District of California

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DATED: February 7, 2014

_______________________
SUSAN ILLSTON
United States District Judge

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