MUFG Union Bank, N.A. v. Riley et al

Filing 9

ORDER by Judge James Donato adopting 7 Report and Recommendations as to 6 Motion to Remand: the Court orders the case remanded to the San Benito County Superior Court. (jdlc1S, COURT STAFF) (Filed on 5/31/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MUFG UNION BANK, N.A.,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-02251-JD

v.
WILLIE J. RILEY, et al.,
Defendants.

ORDER ADOPTING REPORT AND
RECOMMENDATION, AND
REMANDING CASE
Re: Dkt. No. 7

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The Court has reviewed Magistrate Judge Elizabeth Laporte’s Report and

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Recommendation advising that this action be remanded to San Benito County Superior Court.

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Dkt. No. 7. The Magistrate Judge found that the federal courts do not have subject matter

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jurisdiction over this unlawful detainer case. Additionally, the Magistrate Judge found remand

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appropriate on the ground that one of the defendants did not join in the notice of removal. The

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time to file objections to the Report and Recommendation has passed and defendants have not

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objected. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Magistrate Judge Laporte’s Report is

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well-reasoned, and the Court adopts it in its entirety.

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For the reasons stated in Magistrate Judge Laporte’s Report, the Court has no grounds to

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exercise jurisdiction over this case, under either 28 U.S.C. § 1331 or 28 U.S.C. § 1332.

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Accordingly, the Court finds the case to have been removed improvidently and without

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jurisdiction. The Court orders the case remanded to the Superior Court of California for the

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County of San Benito, pursuant to 28 U.S.C. § 1447(c). The Clerk of Court is asked to transmit a

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copy of this order to the clerk of the State court.

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Plaintiff’s request for attorneys’ fees is denied for the reasons stated by Magistrate Judge
Laporte in her Report.
IT IS SO ORDERED.
Dated: May 31, 2016

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JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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