Lahlouh et al v. Ditech Financial, LLC

Filing 21

ORDER ADOPTING 19 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE; AND REMANDING CASE TO SANTA CLARA COUNTY SUPERIOR COURT. Signed by Judge Beth Labson Freeman on 7/11/2018. (blflc1S, COURT STAFF) (Filed on 7/11/2018)

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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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JAWDAT LAHLOUH, et al.,
Plaintiffs,

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v.
DITECH FINANCIAL, LLC, et al.,
Defendants.

Case No. 18-cv-02881-BLF
ORDER ADOPTING REPORT AND
RECOMMENDATION OF
MAGISTRATE JUDGE; AND
REMANDING CASE TO SANTA
CLARA COUNTY SUPERIOR COURT
[Re: ECF 19]

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United States District Court
Northern District of California

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Defendant Ditech Financial, LLC removed this case from the Santa Clara County Superior

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Court on the basis of diversity of citizenship. Notice of Removal, ECF 3. Plaintiffs immediately

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filed a motion for remand on the ground that there is not complete diversity of citizenship between

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Plaintiffs and Defendants, and they requested sanctions for improper removal. Motion for

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Remand, ECF 7. In response, Defendant Ditech conceded that removal was improper but it

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asserted that sanctions would be inappropriate. Response, ECF 11. Plaintiffs thereafter filed a

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reply withdrawing their request for sanctions. Reply, ECF 12.

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On June 21, 2018, Magistrate Judge Virginia K. DeMarchi issued an Order directing that

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the case be reassigned to a district judge and a Report and Recommendation (“R&R”) that the case

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be remanded to the Santa Clara County Superior Court. R&R, ECF 19. No party filed an

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objection to the R&R and the time to object has expired. See Fed. R. Civ. P. 72(b)(2) (deadline to

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object is 14 days after service of R&R). The Court finds Judge DeMarchi’s R&R to be well-

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reasoned and correct in every respect, and ADOPTS the R&R in its entirety.

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Accordingly, IT IS HEREBY ORDERED that the case be REMANDED to the Santa Clara

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County Superior Court.

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Dated: July 11, 2018

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______________________________________
BETH LABSON FREEMAN
United States District Judge