-GSA Scalzo v. Allied Property and Casualty Insurance Company, Inc. et al, No. 1:2011cv00612 - Document 19 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 18 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER GRANTING 10 Plaintiff's Motion to Remand; and ORDER REMANDING CASE to Madera County Superior Court, signed by District Judge Lawrence J. O'Neill on 7/27/2011. CASE CLOSED. Copy of remand order mailed to Madera County Superior Court. (Jessen, A)

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-GSA Scalzo v. Allied Property and Casualty Insurance Company, Inc. et al Doc. 19 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 MARTHA SCALZO, 11 12 13 14 15 16 ) ) Plaintiff, ) ) v. ) ) ALLIED PROPERTY AND CASUALTY ) INSURANCE COMPANY, a corporation and ) DOES 1 through 10, ) ) Defendants. ) _____________________________________ ) 1:11-cv-00612 LJO GSA ORDER ADOPTING FINDINGS AND RECOMMENDATIONS ISSUED JULY 11, 2011 (Document 18) 17 18 Defendant Allied Property and Casualty Insurance Company removed this action from 19 Madera County Superior Court on April 15, 2011. (Doc. 1.) Defendant filed an answer to 20 Plaintiff’s complaint on April 22, 2011. (Doc. 8.) 21 On June 9, 2011, Plaintiff Martha Scalzo filed her Motion to Remand for Lack of Subject 22 Matter Jurisdiction. (Docs. 10-12.) Defendant filed its opposition on June 24, 2011 (Doc. 15) 23 and Plaintiff filed her reply thereto on July 1, 2011 (Doc. 16). 24 On July 11, 2011, the Magistrate Judge issued Findings and Recommendations 25 recommending the matter be remanded to the Madera County Superior Court, and that Plaintiff’s 26 request for an award of fees be denied. The Findings and Recommendations were served on all 27 28 1 Dockets.Justia.com 1 parties and contained notice that any objections were to be filed within fifteen (15) days. (Doc. 2 6.) To date, no party has filed objections. 3 In accordance with the provisions of Title 28 of the United States Code section 636 4 (b)(1)(c), this Court has conducted a de novo review of the case. Having carefully reviewed the 5 entire file, the Court finds that the Findings and Recommendations are supported by the record 6 and proper analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. 9 The Findings and Recommendations dated July 11, 2011, are ADOPTED IN FULL; and 10 2. Based on the above, IT IS HEREBY ORDERED that Plaintiff Martha Scalzo’s 11 Motion for Remand for Lack of Subject Matter Jurisdiction be GRANTED and 12 that this action be REMANDED to the Madera County Superior Court of 13 California, for all further proceedings. This Order terminates this action in its 14 entirety. 15 16 IT IS SO ORDERED. 17 Dated: b9ed48 July 27, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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