La Salle Manor v. Iverson

Filing 12

ORDER by Judge James Donato adopting 6 Report and Recommendations.. (lrcS, COURT STAFF) (Filed on 12/19/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LA SALLE MANOR,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-06284-JD

v.
DAWN IVERSON,
Defendant.

ORDER ADOPTING REPORT
AND RECOMMENDATION AND
REMANDING CASE
Re: Dkt. No. 6

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The Court has reviewed Chief Magistrate Judge Joseph Spero’s report and

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recommendation. Dkt. No. 6. No objections have been filed in response to the report, and the

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time to file objections has expired. See Fed. R. Civ. P. 72(b).

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The Court agrees with Magistrate Judge Spero’s well-reasoned recommendation that this
unlawful detainer action should be remanded pursuant to 28 U.S.C. § 1447(c) for lack of federal
subject matter jurisdiction. The Court also agrees that attorney’s fees should not be awarded under
that section at this time, but defendant should be admonished against further frivolous removals.
The Court consequently adopts the report and recommendation of Magistrate Judge Spero
in full, orders the case remanded to the California Superior Court for the County of Contra Costa,
and admonishes defendant Iverson that further frivolous removals will likely result in sanctions.
IT IS SO ORDERED.
Dated: December 19, 2016

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JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LA SALLE MANOR,

Case No. 16-cv-06284-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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DAWN IVERSON,
Defendant.

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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

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That on December 19, 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.

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Dawn Iverson
762 Shell Avenue, #10
Martinez, CA 94553

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Dated: December 19, 2016

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Susan Y. Soong
Clerk, United States District Court

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

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