Balaoing, et al. v. Nissan North America, Inc., No. 1:2023cv00575 - Document 12 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 11 Findings and Recommendations Recommending DENYING Plaintiff's 4 Motion to Remand signed by District Judge Ana de Alba on 08/30/2023. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 FROILAN BARNACHERA BALAOING, et al., Plaintiffs, 13 v. 14 15 NISSAN NORTH AMERICA, INC., Case No. 1:23-cv-00575-ADA-SAB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING DENYING PLAINTIFF’S MOTION TO REMAND (ECF Nos. 4, 11) Defendant. 16 17 18 Currently before the Court is Plaintiffs Froilan Barnachera Balaoing and Diamantina 19 Brittany Balaoing’s (“Plaintiffs”) motion to remand filed on May 12, 2023. (ECF No. 4.) This 20 matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 21 Local Rule 302. On June 28, 2023, the assigned Magistrate Judge entered findings and recommendations, 22 23 recommending that Plaintiff’s motion be denied. 24 recommendations contain notice that any objections thereto were to be filed within fourteen days 25 after service. (Id. at 12.) No objections have been filed and the time to do so has expired. (ECF No. 11.) The findings and According to 28 U.S.C. § 636(b)(1)(C), this court has conducted a de novo review of the 26 27 case. Having carefully reviewed the entire file, the Court concludes that the Magistrate Judge’s 28 /// 1 1 findings and recommendations are supported by the record and by proper analysis. 2 Accordingly, 3 1. 4 5 The findings and recommendations entered on June 28, 2023, (ECF No. 11), are ADOPTED IN FULL; and 2. 6 Plaintiffs Froilan Barnachera Balaoing and Diamantina Brittany Balaoing’s motion to remand, (ECF No. 4), is DENIED. 7 8 9 10 IT IS SO ORDERED. Dated: August 30, 2023 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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