Wu et al v. Martinez et al

Filing 14

ORDER by Judge Lucy H. Koh adopting Report and Recommendation,granting 8 Motion to Remand, and Remanding Case. (lhklc3, COURT STAFF) (Filed on 2/22/2017)

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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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MARK WU and IVY ZHANG,
Plaintiffs,

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Case No. 16-CV-07171-LHK
ORDER ADOPTING REPORT AND
RECOMMENDATION AND
REMANDNG CASE

v.
ROEL MARTINEZ and TERESA
MARTINEZ,

Re: ECF No. 12

Defendants.
This case is an unlawful detainer action that was referred to Magistrate Judge Nathanael
M. Cousins. On January 3, 2017, Judge Cousins ordered Defendants to show cause as to why the

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case should not be remanded back to state court because the removal notice does not establish
federal subject matter jurisdiction. ECF No. 7. On January 25, 2017, Plaintiffs moved to remand
this case back to state court. See ECF No. 8.
Defendants did not respond to the order to show cause, and Judge Cousins has made a
report and recommendation that this case be remanded to state court because this action was
improperly removed. See ECF No. 12. The Report and Recommendation was filed and served on

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Case No. 16-CV-07171-LHK
ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING CASE

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February 6, 2017. No objections have been filed, and the time to file objections has expired. See
Fed. R. Civ. P. 72(b)(2).
Having reviewed the Report and Recommendation, as well as the record in this case, the

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

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the Court adopts the Report and Recommendation. This case is hereby remanded to the Monterey

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County Superior Court.

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IT IS SO ORDERED.

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Dated: February 22, 2017

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United States District Court
Northern District of California

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______________________________________
LUCY H. KOH
United States District Judge

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Case No. 16-CV-07171-LHK
ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING CASE