Lundy v. Bradach

Filing 11

ORDER by Judge Lucy H. Koh granting 6 Ex Parte Application to remand to state court; adopting 9 Report and Recommendations. The Clerk shall close the file. (lhklc5S, COURT STAFF) (Filed on 2/25/2014)

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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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THOMAS LUNDY,
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Plaintiff,
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v.
BETH BRADACH,
Defendant.

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Case No.: 14-CV-00430-LHK
ORDER ADOPTING REPORT AND
RECOMMENDATION; GRANTING
PLAINTIFF’S EX PARTE
APPLICATION TO REMAND TO
STATE COURT; AND DENYING
PLAINTIFF’S REQUEST FOR FEES

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Pending before the Court is Plaintiff’s ex parte application for an order remanding this

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matter to Santa Clara County Superior Court and for attorney’s fees relating to Plaintiff’s

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application. (Docket No. 6.) Defendant has filed an opposition (Docket No. 7.) On February 5,

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2014, Magistrate Judge Howard R. Lloyd issued a Report and Recommendation regarding

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Plaintiff’s application, treating it as a properly noticed motion. (Docket No. 9.) No objections to the

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Report and Recommendation were received. The Court has considered the Report and

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Recommendation and agrees with the Magistrate Judge’s reasoning. Accordingly, the Court

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ADOPTS the Report and Recommendation and orders as follows:

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1. Plaintiff’s ex parte application to remand is GRANTED.

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Case No.: 14-CV-00430 LHK
ORDER GRANTING EX PARTE APPLICATION TO REMAND TO STATE COURT AND DENYING REQUEST
FOR ATTORNEY’S FEES

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2. The instant action is REMANDED to the Superior Court of California, County of Santa
Clara.

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3. Plaintiff’s request for attorney’s fees is DENIED.

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4. The Clerk shall close this file and terminate all pending matters.

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IT IS SO ORDERED.

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Dated: February 25, 2014

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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.: 14-CV-00430 LHK
ORDER GRANTING EX PARTE APPLICATION TO REMAND TO STATE COURT AND DENYING REQUEST
FOR ATTORNEY’S FEES