Cornell v. Bank of America, N.A.
Filing
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ORDER ADOPTING 16 REPORT AND RECOMMENDATION GRANTING 13 UNOPPOSED MOTION TO REMAND ENTIRE ACTION TO MONTEREY COUNTY SUPERIOR COURT. Signed by Judge Beth Labson Freeman on 3/6/2018. (blflc2S, COURT STAFF) (Filed on 3/6/2018)
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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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SAMANTHA CORNELL,
Plaintiff,
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United States District Court
Northern District of California
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Case No. 18-cv-00003-BLF
v.
BANK OF AMERICA, N.A., et al.,
ORDER ADOPTING REPORT AND
RECOMMENDATION TO REMAND
ACTION TO MONTEREY COUNTY
SUPERIOR COURT
Defendants.
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Plaintiff Samantha Cornell (“Plaintiff”) filed this action against Defendants Bank of
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America, N.A. (“Bank of America”), JP Morgan Chase & Co. (“Chase Bank”), and MUFG Union
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Bank (“Union Bank”) (collectively, “Defendants”) in Monterey County Superior Court consisting
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of a common law claim for money. See ECF 1 at 10 (“Compl.”). On January 2, 2018, Bank of
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America removed this action to federal district court on the basis of diversity jurisdiction. See
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ECF 1. On February 1, 2018, Bank of America filed an unopposed motion to remand the case to
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state court upon determining that Union Bank is a citizen of California for purposes of establishing
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diversity jurisdiction in federal court, and therefore no diversity exists between Plaintiff and Union
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Bank. See ECF 13, 13-1.
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This case initially was assigned to Magistrate Judge Susan van Keulen, who issued a
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report and recommendation (“R&R”) that Bank of America’s unopposed motion to remand be
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granted because the Court lacks subject matter jurisdiction to adjudicate this case. See R&R, ECF
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16. The case thereafter was reassigned to the undersigned judge because not all parties consented
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to magistrate judge jurisdiction. See Order Reassigning Case, ECF 17.
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When a magistrate judge issues an R&R regarding a case-dispositive matter, a party may
file “specific written objections” to the R&R within 14 days after being served with the R&R. Fed.
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R. Civ. P. 72(b)(2). “The district judge must determine de novo any part of the magistrate judge’s
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disposition that has been properly objected to.” Fed. R. Civ. P. 72(b)(3). “When no timely
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objection is filed, the court need only satisfy itself that there is no clear error on the face of the
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record in order to accept the recommendation.” Fed. R. Civ. P. 72, Adv. Comm. Notes to 1983
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Amend.; see also Grasdalen v. Shartle, No. CV 15-0299-TUC-JGZ (BGM), 2016 WL 4138274, at
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*1 (D. Ariz. Aug. 4, 2016) (district court reviews for clear error where no objections are filed);
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Evony, LLC v. Aeria Games & Entm’t, Inc., No. C 11-0141 SBA, 2014 WL 12658953, at *1 (N.D.
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Cal. June 12, 2014) (same).
The time for parties to file objections to the R&R has passed, and no objections have been
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filed. See Fed. R. Civ. P. 72(b)(2). The Court agrees with Magistrate Judge van Keulen that
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United States District Court
Northern District of California
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because Union Bank and Plaintiff are both citizens of California, the Court does not have diversity
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jurisdiction pursuant to 28 U.S.C. § 1332(a)(1). There is also no basis for federal question
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jurisdiction as the Complaint does not raise any federal questions. 28 U.S.C. § 1331. The parties
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do not contest that this action should be remanded to state court. See ECF 13-1 at 3.
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For the foregoing reasons, the Court finds Judge van Keulen’s R&R legally correct, well-
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reasoned, and thorough, and ADOPTS it in its entirety. Accordingly, it is HEREBY ORDERED
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that:
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(1)
Judge van Keulen’s R&R (ECF 16) is ADOPTED.
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(2)
Bank of America’s unopposed motion to remand (ECF 13) is GRANTED.
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(3)
This action is REMANDED to Monterey County Superior Court; and
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(4)
The Clerk shall close the file.
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IT IS SO ORDERED.
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Dated: March 6, 2018
______________________________________
BETH LABSON FREEMAN
United States District Judge
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