Hunting, et al. v. Xium Corporation, et al., No. 1:2010cv01844 - Document 15 (E.D. Cal. 2010)

Court Description: ORDER Adopting In Full 14 FINDINGS AND RECOMMENDATIONS; ORDER DENYING 7 and 12 Motions to Remand Case to Kern County Superior Court, signed by Judge Oliver W. Wanger on 12/21/2010. (Marrujo, C)
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Hunting, et al. v. Xium Corporation, et al. Doc. 15 1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 JASON HUNTING, et. al, 9 Plaintiffs, 10 11 v. XIUM CORP, et. al, 12 Defendants. ) ) ) ) ) ) ) ) ) ) Case No.: 1:10-cv-01844 OWW JLT ORDER ADOPTING FINDINGS AND RECOMMENDATIONS DENYING THE MOTION TO REMAND THE MATTER TO THE KERN COUNTY SUPERIOR COURT (Docs. 7, 12, 14) 13 14 Before the Court is Plaintiffs’ Motion to Remand the matter to the Kern County Superior Court. 15 (Doc. 7) Plaintiffs argue that the notice of removal was not timely because the notice of removal was 16 filed more than 30 days after service of the complaint. Defendants argue that the notice of removal was 17 timely because no facts about Plaintiffs’ citizenship were contained within the complaint. (Doc. 11) 18 On December 3, 2010, the Magistrate Judge filed a Findings and Recommendations 19 recommending that the motion be denied because, though the notice of removal was premature at the 20 time it was filed, through the papers filed subsequently, the prematurity was cured through amendment. 21 (Doc. 14) 22 Therefore, in accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi 23 Valley United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court has conducted a de novo review 24 of the case. Having carefully reviewed the entire file, the Court finds that the findings and 25 recommendation are supported by the record and by proper analysis. 26 /// 27 /// 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed December 3, 2010, are ADOPTED IN FULL; and 3 2. The motion to remand the matter to the Kern County Superior Court is DENIED. 4 IT IS SO ORDERED. 5 Dated: December 21, 2010 /s/ OLIVER W.WANGER United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2