Parkland Estate Homeowner's Association v. McGrand et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION 9 ; denying as moot 2 Application to Proceed in District Court without Prepaying Fees or Costs. (Written Opinion.) Signed by Judge Donovan W. Frank on 6/27/2018. (RLB)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Parkland Estate Homeowner’s
Association,

Civil No. 18-1427 (DWF/HB)

Plaintiff,
v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

Jill McGrand, deceased; and Alex
Mehralian,
Defendants.

This matter is before the Court upon Defendant Alex Mehralian’s (“Defendant”)
pro se objections (Doc. No. 10) to Magistrate Judge Hildy Bowbeer’s Report and
Recommendation (Doc. No. 9) insofar as it recommends that this matter be remanded to
the Fourth Judicial District Court, Hennepin County, State of Minnesota, and Defendant’s
application to proceed in forma pauperis (Doc. No. 2) be denied as moot. Plaintiff
Parkland Estate Homeowner’s Association filed a response to Defendant’s objection on
June 24, 2018. (Doc. No. 11.)
The factual background for the above-entitled matter is clearly and precisely set
forth in the Report and Recommendation and is incorporated by reference for purposes of
Defendant’s objections. In the Report and Recommendation, the Magistrate Judge
recommended that this matter be remanded to state court because the removal was
improper and the Court lacks jurisdiction over the action. In particular, the Magistrate
Judge explained that Defendant failed to demonstrate that there is a basis for federal

jurisdiction, has not established that the state-court action is one of which the Court has
original jurisdiction, and filed the notice of removal after the time permitted under
§1446(b). The Court has conducted a de novo review of the record, including a review of
the arguments and submissions of counsel, pursuant to 28 U.S.C. § 636(b)(1) and Local
Rule 72.2(b). After this review, the Court finds no reason that would warrant a departure
from the Magistrate Judge’s recommendations. The Magistrate Judge correctly
concluded that this matter is properly remanded to state court. Based upon the de novo
review of the record and all of the arguments and submissions of the parties and the Court
being otherwise duly advised in the premises, the Court hereby enters the following:
ORDER
1.

Defendant Alex Mehralian’s pro se objections (Doc. No. [10]) to Magistrate

Judge Hildy Bowbeer’s June 4, 2018 Report and Recommendation are OVERRULED.
2.

Magistrate Judge Hildy Bowbeer’s June 4, 2018 Report and

Recommendation (Doc. No. [9]) is ADOPTED.
3.

This matter is REMANDED to the Fourth Judicial District Court,

Hennepin County, State of Minnesota.
4.

Defendant Alex Mehralian’s application to proceed in forma pauperis (Doc.

No. [2]) is DENIED AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: June 27, 2018

s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge
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