Catrell Bakari v. Foster Poultry Farms Inc., No. 1:2013cv01814 - Document 29 (E.D. Cal. 2014)

Court Description: ORDER Adopting 21 FINDINGS AND RECOMMENDATIONS signed by District Judge Anthony W. Ishii on 9/8/2014. CASE CLOSED. Copy of remand order sent to Fresno Superior Court.(Sant Agata, S)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 CATRELL BAKARI, 9 Plaintiff 10 11 CASE NO. 1:13-CV-1814 AWI SAB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. FOSTER POULTRY FARMS, INC., 12 Defendant 13 14 This action was removed to federal court by Defendant Foster Poultry Farms. Plaintiff 15 Catrell Bakari made a motion to remand on the basis that the removal was untimely. Plaintiff also 16 asked for attorney’s fees incurred as a result of removal. In the alternative, Plaintiff sought leave 17 to amend to eliminate all federal causes of action. In response, Defendant stated that it did not 18 oppose remand to state court. Defendant did oppose an award of attorney’s fees. 19 On January 7, 2014, Magistrate Judge Boone issued Findings and Recommendations to 20 remand the case and award attorney’s fees in an amount less than requested by Plaintiff. The 21 Findings and Recommendations was served on the parties and contained a notice that any 22 objections were to be filed within fourteen days. Neither party has filed any objections. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 24 de novo review of this case. Having carefully reviewed the entire file, the Court finds the 25 Findings and Recommendations to be supported by the record and by proper analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. The Findings and Recommendations, filed January 7, 2014, is adopted in full. 28 2. This action is REMANDED to state court. 1 3. Plaintiff is awarded $3,787.50 in attorney’s fees. 2 4. Plaintiff’s motion to amend is DENIED as moot. 3 4 5 IT IS SO ORDERED. Dated: September 8, 2014 SENIOR 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

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