Gann Properties, L.P. et al v. Coats et al
Filing
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ORDER ACCEPTING 20 REPORT AND RECOMMENDATION TO 6 REMAND ACTION. ***Civil Case Terminated.*** Signed by Judge Saundra Brown Armstrong on 10/21/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 10/21/2013)
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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8 GANN PROPERTIES, LP,
Plaintiff,
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vs.
Case No: C 13-3718 SBA
ORDER ACCEPTING REPORT
AND RECOMMENDATION TO
REMAND ACTION
11 JUDAN COATES; et al.,
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Defendants.
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On October 3, 2013, Magistrate Judge Joseph Spero issued a report and
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recommendation in which he recommended granting Plaintiff’s motion to remand, but
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denying its request for attorneys’ fees. Dkt. 20. Any objections to a report and
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recommendation must be filed within fourteen days of receipt thereof. Fed. R. Civ. P.
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72(b); 28 U.S.C. § 636(b)(1); Civ. L.R. 72-2, 72-3. The district court must “make a de
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novo determination of those portions of the report to which objection is made,” and “may
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accept, reject, or modify, in whole or in part, the findings or recommendations made by the
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magistrate judge.” 28 U.S.C. § 636(b)(1); see also Civ. L.R. 72-3(a) (requiring that any
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objections be accompanied by a motion for de novo determination).
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The deadline to file an objection to the report and recommendation was October 17,
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2013. See Fed. R. Civ. P. 6(a)(1), 72(b). To date, no objections have been filed in this
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case. In the absence of a timely objection, the Court “need only satisfy itself that there is
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no clear error on the face of the record in order to accept the recommendation.” Fed. R.
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Civ. P. 72, Advisory Committee Notes (1983) (citing Campbell v. U.S. Dist. Court, 501
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F.2d 196, 206 (9th Cir. 1974)); see also United States v. Reyna-Tapia, 328 F.3d 1114, 1121
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(9th Cir. 2003) (“The statute [28 U.S.C. § 636(b)(1)(C)] makes it clear that the district
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judge must review the magistrate judge’s findings and recommendations de novo if [an]
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objection is made, but not otherwise.”) (en banc). The Court has reviewed the record on its
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face and finds no clear error. Accordingly,
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IT IS HEREBY ORDERED THAT the magistrate judge’s report and
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recommendation (Docket 20) is ACCEPTED and shall become the Order of this Court.
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Plaintiff’s motion to remand is GRANTED. Plaintiff’s request for fees is DENIED.
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Pursuant to 28 U.S.C. § 1447(c), the Clerk shall remand the action to the Contra Costa
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County Superior Court, terminate any pending matters and close the file.
IT IS SO ORDERED.
Dated: October 21, 2013
______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge
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