ParkView Edge Properities, LLC v. Reeher et al

Filing 12

ORDER THAT CASE BE REASSIGNED WITH REPORT AND RECOMMENDATION THAT CASE BE REMANDED FOR LACK OF SUBJECT MATTER JURISDICTION re 8 Signed by Judge Paul S. Grewal on October 28, 2014 (psglc2, COURT STAFF) (Filed on 10/28/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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PARKVIEW EDGE PROPERTIES, LLC,
Plaintiff,

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v.
WILLIAM TERRY REEHER, et al.,

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Defendants.

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Case No. 5:14-cv-04210-PSG
ORDER THAT CASE BE
REASSIGNED WITH REPORT AND
RECOMMENDATION THAT CASE
BE REMANDED FOR LACK OF
SUBJECT MATTER JURISDICTION
(Re: Docket No. 8)

Before the court is Plaintiff ParkView Edge Properties LLC’s motion to remand this action
to recover possession of real property to Santa Clara County Superior Court for lack of subject

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matter jurisdiction. Defendants William Terry Reefer and Steven Shawn Reeher did not file an
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opposition. 1 The court held a hearing on the motion earlier today—only ParkView’s counsel

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appeared. 2 After considering the arguments, the court ORDERS the case be reassigned to a district

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judge with the recommendation that the case be remanded for lack of subject matter jurisdiction. 3

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See Docket No. 10.

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2

See Docket No. 11.

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The undersigned is ordering reassignment to a district judge and issuing a report and
recommendation because, absent consent of all parties, a magistrate judge does not have authority
to make case-dispositive rulings. See 28 U.S.C. § 636 (authorizing magistrate judges to submit
“findings of fact and recommendations” to the district judge); Tripati v. Rison, 847 F.2d 548,
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Case No. 5:14-cv-04210-PSG
ORDER THAT CASE BE REASSIGNED WITH REPORT AND RECOMMENDATION THAT
CASE BE REMANDED FOR LACK OF SUBJECT MATTER JURISDICTION