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)

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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

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