Magnifi Financial Credit Union v. Paczkowski

Filing 23

ORDER. IT IS HEREBY ORDERED THAT: 1. Pursuant to 28 U.S.C. § 1447(c), this matter is REMANDED to the Minnesota District Court, Third Judicial District. 2. Defendant's motion to strike plaintiff's affidavit in support of plaintiff' s motion for summary judgment and to deny plaintiff's motion for summary judgment [ECF No. 8] is DENIED AS MOOT. 3. Defendant's motion to stay state court proceedings [ECF No. 22] is DENIED AS MOOT. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion) Signed by Chief Judge Patrick J. Schiltz on 3/12/2025. (KAD)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
MAGNIFI FINANCIAL CREDIT
UNION,

Case No. 25-CV-0708 (PJS/DJF)

Plaintiff,
v.

ORDER

MATTHEW CHARLES PACZKOWSKI,
Defendant.

This matter is before the Court on defendant Matthew Charles Paczkowski’s
objection to the February 28, 2025, Report and Recommendation (“R&R”) of Magistrate
Judge Dulce J. Foster. Judge Foster recommends remanding the case to state court
because the federal court lacks subject matter jurisdiction. The Court has conducted de
novo review. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Based on that review, the
Court adopts the R&R.
ORDER
Based on all of the files, records, and proceedings herein, the Court ADOPTS the
R&R [ECF No. 7]. Accordingly, IT IS HEREBY ORDERED THAT:
1.

Pursuant to 28 U.S.C. § 1447(c), this matter is REMANDED to the
Minnesota District Court, Third Judicial District.

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2.

Defendant’s motion to strike plaintiff’s affidavit in support of plaintiff’s
motion for summary judgment and to deny plaintiff’s motion for
summary judgment [ECF No. 8] is DENIED AS MOOT.

3.

Defendant’s motion to stay state court proceedings [ECF No. 22] is
DENIED AS MOOT.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: March 12, 2025

Patrick J. Schiltz, Chief Judge
United States District Court

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