Zachariah et al v. Miller

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING CASE., ***Civil Case Terminated.. Signed by Judge James Donato on 7/12/16. (lrcS, COURT STAFF) (Filed on 7/12/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

BERNADETTE ZACHARIAH, et al.,
Plaintiffs,

8
9
10

United States District Court
Northern District of California

11
12

Case No. 16-cv-03286-JD

v.
MICHELLE MILLER,
Defendant.

ORDER ADOPTING REPORT
AND RECOMMENDATION AND
REMANDING CASE
Re: Dkt. No. 5

The Court has reviewed Magistrate Judge Elizabeth D. Laporte’s report and
recommendation, recommending that this action be remanded to Alameda County Superior Court.

13
14
15
16
17
18
19
20

Dkt. No. 5. No objections have been filed in response to the report, and the time to file objections
has expired. See Fed. R. Civ. P. 72(b).
The Court agrees that the case should be remanded because federal subject matter
jurisdiction is lacking and because removal of the action was untimely under 28 U.S.C. § 1446(b).
Consequently, the Court adopts the report and recommendation of Judge Laporte in full, and
orders the case remanded to the California Superior Court for Alameda County.
IT IS SO ORDERED.
Dated: July 12, 2016

21
22
23
24
25
26
27
28

JAMES DONATO
United States District Judge

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4

BERNADETTE ZACHARIAH, et al.,

Case No. 16-cv-03286-JD

Plaintiffs,
5
v.

CERTIFICATE OF SERVICE

6
7

MICHELLE MILLER,
Defendant.

8
9
10

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

11
12
13
14
15

That on July 12, 2016, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

16
17
18

Michelle Miller
4460 MacArthur Boulevard, Apt.2
Oakland, CA 94619

19
20

Dated: July 12, 2016

21
22
23

Susan Y. Soong
Clerk, United States District Court

24
25
26

By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

27
28
2