The Bank of New York Mellon v. Lavarias

Filing 6

ORDER REMANDING CASE. The Clerk shall close the file. Signed by Judge Koh on 8/5/2011. (Attachments: # 1 certificate of mailing)(lhklc3, COURT STAFF) (Filed on 8/5/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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THE BANK OF NEW YORK MELLON,
Plaintiff,
v.
MERLITA LAVARIAS,
Defendant.

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Case No.: 11-CV02761-LHK
ORDER ADOPTING REPORT AND
RECOMMENDATION TO REMAND
TO SANTA CLARA COUNTY
SUPERIOR COURT

On June 24, 2011, the Honorable Magistrate Judge Howard R. Lloyd made a report and

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recommendation to remand this case for lack of subject matter jurisdiction. See June 24, 2011

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Report and Recommendation [dkt. #4]. The Report and Recommendation noted that this unlawful

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detainer action does not arise under federal law and does not satisfy the amount in controversy

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requirement for diversity. See id. at 2-3.

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This matter was transferred to the undersigned on June 27, 2011. No objections have been

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filed, and the time to file objections has expired. Having reviewed the Report and

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Recommendation, as well as the record in this case, the Court finds that the Report and

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Recommendation is well-founded in fact and in law and, therefore, the Report and

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Recommendation is adopted in its entirety.

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Case No.: 11-CV-02761-LHK
ORDER ADOPTING REPORT AND RECOMMENDATION TO REMAND CASE

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Accordingly, this action is REMANDED to Santa Clara County Superior Court.
IT IS SO ORDERED.

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Dated: August 5, 2011

_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 11-CV-02761-LHK
ORDER ADOPTING REPORT AND RECOMMENDATION TO REMAND CASE