Deutsche Bank National Trustee Company et al v. Cutlip

Filing 9

ORDER ADOPTING 4 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE LLOYD AND REMANDING ACTION TO THE SANTA CLARA SUPERIOR COURT. Signed by Judge Beth Labson Freeman on 4/4/2017. (blflc2S, COURT STAFF) (Filed on 4/4/2017) (Additional attachment(s) added on 4/4/2017: # 1 Certificate/Proof of Service) (tshS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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DEUTSCHE BANK NATIONAL
TRUSTEE COMPANY, ET AL.,
Plaintiffs,

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v.
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WILLIAM CUTLIP,
Defendant.

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United States District Court
Northern District of California

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Case No. 17-cv-01416-BLF
ORDER ADOPTING REPORT AND
RECOMMENDATION OF
MAGISTRATE JUDGE LLOYD AND
REMANDING ACTION TO THE
SANTA CLARA SUPERIOR COURT
[Re: ECF 4]

The Court has reviewed the Report and Recommendation (“R&R”) of Magistrate Judge

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Howard R. Lloyd remanding this unlawful detainer action and finding Defendants’ motion to

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proceed in forma pauperis moot. See ECF 4.

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When reviewing a Report and Recommendation for a nondispositive matter, a court must

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“set aside any part of the order that is clearly erroneous or is contrary to law.” Fed. R. Civ. P.

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72(a). For a dispositive matter, like the one at issue here, a court “must determine de novo any

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part of the magistrate judge’s disposition that has been properly objected to.” Fed. R. Civ. P.

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72(b)(1)(3). See also 28 U.S.C. § 636(b)(1). No objections to the R&R have been filed and the

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deadline to object has elapsed. See Fed. R. Civ. P. 72(b)(2); see Docket No. 17-1416 (Defendants

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served with R&R on March 21, 2017).

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After reviewing the entire record in this case, the Court finds the R&R correct, well

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reasoned, and thorough, and adopts it in every respect. Accordingly, the above-titled unlawful

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detainer action is REMANDED to the Monterey County Superior Court. The Court admonishes

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Defendants that continued attempts to remove this matter may result in sanctions.

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IT IS SO ORDERED.
Dated: April 4, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge