Pacific Urban Residential LLC v. Smith et al

Filing 12

ORDER by Judge Edward M. Chen adopting 9 Report and Recommendations; and Remanding to Alameda County Superior Court. (emclc2, COURT STAFF) (Filed on 2/12/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PACIFIC URBAN RESIDENTIAL LLC,
Plaintiff,

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v.

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KAREN A SMITH, et al.,

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Defendants.

ORDER ADOPTING REPORT AND
RECOMMENDATION; AND
REMANDING TO ALAMEDA COUNTY
SUPERIOR COURT
Docket No. 9

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For the Northern District of California

United States District Court

Case No. 18-cv-00017-EMC

On October 31, 2017, Plaintiff Pacific Urban Residential LLC filed the instant unlawful

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detainer action against Defendants Karen A. Smith and Verna Gilbert in state court. On January 2,

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2018, Defendants removed the action to federal court, asserting federal question jurisdiction.

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Defendants also filed motions to proceed in forma pauperis, which Judge Beeler, the then-assigned

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judge, granted.
On January 22, 2018, Judge Beeler issued her report and recommendation (“R&R”),

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recommending that the Court remand the case back to state court for lack of subject matter

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jurisdiction. The R&R was served on Defendants by mail that same day. The Court has not since

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received any objection to the R&R from Defendants.

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The Court has reviewed Judge Beeler’s R&R; finds it correct, well reasoned, and

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thorough; and therefore adopts it in every respect. Accordingly, the Court hereby REMANDS the

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instant case to the Superior Court of Alameda County. The Clerk of the Court is instructed to

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close the file in this case.

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This order disposes of Docket No. 9.

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IT IS SO ORDERED.

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______________________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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Dated: February 12, 2018

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