Equity Residential Management LLC v. Freyer

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING CASE. This case is REMANDED to San Mateo County Superior Court for lack of jurisdiction. Signed by Judge William H. Orrick on 04/11/2017. (Attachments: # 1 Certificate/Proof of Service) (jmdS, COURT STAFF) (Filed on 4/11/2017)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 EQUITY RESIDENTIAL MANAGEMENT LLC, 5 6 Plaintiff, 7 v. 8 ZACHARY FREYER, 9 United States District Court Northern District of California 12 13 ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING CASE Re: Dkt. No. 7 Defendant. 10 11 Case No. 17-cv-01471-WHO On March 23, 2017, Magistrate Judge Kandis A. Westmore granted defendant’s application to proceed in forma pauperis and issued a Report and Recommendation recommending that this unlawful detainer case be remanded to San Mateo County Superior Court for lack of jurisdiction. Dkt. No. 7. 14 Objections to Judge Westmore’s recommendation were due by April 10, 2017. Federal 15 Rule of Civil Procedure 72(b); Civ. Local Rule 72-3. As of today’s date, no objections have been 16 filed.1 Having reviewed the Report and Recommendation, as well as the record in this case, I 17 ADOPT Judge Westmore’s Report and Recommendation in full. This case is REMANDED to 18 San Mateo County Superior Court for lack of jurisdiction. 19 20 IT IS SO ORDERED. Dated: April 11, 2017 21 22 William H. Orrick United States District Judge 23 24 25 26 27 28 1 Plaintiff Equity Residential Management, LLC filed a motion to remand on March 24, 2017. Dkt. No. 9. That motion seeks remand for the same reasons given by Judge Westmore in her Report and Recommendation.

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