Aurora Loan Services, LLC v. Torres

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATION TO REMAND TO STATE COURT. Signed by Judge Jeremy Fogel on April 19, 2011. (jflc3, COURT STAFF) (Filed on 4/19/2011)

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**E-Filed 4/19/2011**

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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AURORA LOAN SERVICES, LLC.,

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Plaintiffs,

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v.

Case Number 5:11-cv-0586 JF/PSG
ORDER1 ADOPTING REPORT AND
RECOMMENDATION TO REMAND
TO STATE COURT

JESSIE TORRES,

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Defendant.

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Defendant removed this action from the Santa Clara Superior Court. On February 11,

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2011, Magistrate Judge Paul S. Grewal ordered that the case be reassigned to a district judge

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with a recommendation that the case be remanded to state court based on a lack of subject matter

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jurisdiction. While Defendant contends that removal is proper based on diversity of citizenship,

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Judge Grewal correctly concluded that the damages sought in Plaintiff’s unlawful detainer action

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do not exceed $75,000. No party has objected to the recommendation.

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Pursuant to 28 U.S.C. § 636(b)(1), Fed. R. Civ. P. 72(b), and Civil L.R. 72-3, this Court

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concurs with and adopts in its entirety Judge Grewal’s Report and Recommendation.

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Accordingly, the action will be remanded to the Santa Clara Superior Court based on a lack of

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subject matter jurisdiction. The Clerk shall close the file.

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This disposition is not designated for publication and may not be cited.

Case No. 05:11-cv-0586 JF/PSG
ORDER ADOPTING REPORT AND RECOMMENDATION TO REMAND TO STATE COURT
(JFLC3)

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IT IS SO ORDERED.

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DATED: April 19,2011

__________________________________
JEREMY FOGEL
United States District Judge

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Case No. 05:11-cv-0586 JF/PSG
ORDER ADOPTING REPORT AND RECOMMENDATION TO REMAND TO STATE COURT
(JFLC3)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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AURORA LOAN SERVICES, LLC.,

Case Number 5:10-cv-04000 JF/PSG

Plaintiffs,

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CERTIFICATE OF SERVICE

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v.

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JESSIE TORRES,
Defendant.

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I, the undersigned, hereby certify that I am an employee of the Office of the Clerk,
United States District Court, Northern District of California.
On April 19, 2011, I served a true and correct copy of the attached document to each of
the persons hereinafter listed by placing said copy in a postage paid envelope and depositing said
envelope in the United States mail, or by placing said envelope in the outgoing mail delivery
receptacle located in the Clerk’s Office:

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Jessie Torres
37A Union Street
San Jose, CA 95110

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DATED: April 19, 2011

For the Court
Richard W. Weiking, Clerk

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By:
/s/
Diana Munz
Courtroom Deputy Clerk

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Case No. 05:11-cv-0586 JF/PSG
ORDER ADOPTING REPORT AND RECOMMENDATION TO REMAND TO STATE COURT
(JFLC3)