Tabbah v. Phifer et al

Filing 10

Order by Judge Lucy Koh Adopting 6 Report and Recommendations and Remanding Case to Santa Clara Superior Court. (lhklc2S, COURT STAFF) (Filed on 8/26/2016)

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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
Northern District of California

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FRANK TABBAH,
Plaintiff,

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Case No. 16-CV-04490-LHK
ORDER REMANDING CASE TO
SANTA CLARA COUNTY SUPERIOR
COURT

v.
DAVID PHIFER, et al.,

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Re: Dkt. No. 6

Defendants.

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On August 9, 2016, Defendants David and Lolita Phifer (“Defendants”) filed a notice of

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removal in an attempt to remove this unlawful detainer case from Santa Clara County Superior

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Court to federal court. ECF No. 1. This action was originally assigned to U.S. Magistrate Judge

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Howard Lloyd.

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On August 10, 2016, Judge Lloyd issued a Report and Recommendation which

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recommended that the instant action be remanded to Santa Clara County Superior Court for lack

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of federal subject matter jurisdiction. ECF No. 6. No objections have been filed to the Report and

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Recommendation, and the time to file objections has now passed. See Fed. R. Civ. P. 72(b)(2)

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(providing parties 14 days to object to a magistrate judge’s report and recommendations).

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Having reviewed Judge Lloyd’s Report and Recommendation, as well as the record in this
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Case No. 16-CV-04490-LHK
ORDER REMANDING CASE TO SANTA CLARA COUNTY SUPERIOR COURT

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case, the Court finds Judge Lloyd’s Report and Recommendation well-founded in fact and in law.

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The Court therefore ADOPTS the Report and Recommendation in its entirety and REMANDS the

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instant action to Santa Clara County Superior Court. The Clerk shall transfer the case file to Santa

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Clara County Superior Court. The Clerk shall also serve a copy of this order of Defendants.

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IT IS SO ORDERED.

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Dated: August 26, 2016.

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______________________________________
LUCY H. KOH
United States District Judge

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United States District Court
Northern District of California

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Case No. 16-CV-04490-LHK
ORDER REMANDING CASE TO SANTA CLARA COUNTY SUPERIOR COURT