Blue Mountain Homes, LLC v. Gutierrez et al

Filing 7

Order by Hon. Ronald M. Whyte adopting #5 Report and Recommendation and Remanding Case (rmwlc1, COURT STAFF) (Filed on 9/30/2013)

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E-FILED on

9/30/13

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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BLUE MOUNTAIN HOMES, LLC,

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No. C-13-03425 RMW

Plaintiff,
ORDER ADOPTING REPORT AND
RECOMMENDATION AND REMANDING
CASE

v.

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JOSE GUTIERREZ, et al.,

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Defendants.

[Re Docket No. 5]

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On July 24, 2013, Jose Gutierrez and Lola Gutierrez (collectively “defendants”) filed a
notice of removal pursuant to § 28 U.S.C. 1331. Dkt. No. 1. Defendants also filed motions for leave
to proceed in forma pauperis (“IFP”). Dkt. Nos. 2, 3. On August 2, 2013, the magistrate judge
granted defendants’ applications to proceed IPF. Dkt. No. 5. The magistrate judge also issued a
report and recommendation that the case be remanded to the Santa Clara County Superior Court for
lack of subject matter jurisdiction or diversity jurisdiction. Id. Because not all parties consented to
the magistrate judge’s jurisdiction, the magistrate further ordered the clerk of the court to reassign
this case to a district judge. Id. The case is now before the undersigned. Dkt. No. 6.
Objections to the magistrate’s report were due on August 16, 2013. Defendants have not
filed any objections. Having reviewed the magistrate’s report and recommendation, the court agrees
that a remand to the Santa Clara Superior Court for lack of jurisdiction is appropriate. The court
ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING CASE—No. C-13-03425 RMW

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adopts the magistrate judge’s report and recommendation in full. The case is hereby remanded to

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the Santa Clara County Superior Court.

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DATED:

September 30, 2013
RONALD M. WHYTE
United States District Judge

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United States District Court
For the Northern District of California

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ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING CASE—No. C-13-03425 RMW

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