NKD Diversified Enterprises Inc., et al. v. First Mercury Insurance Company, et al., No. 1:2014cv00183 - Document 15 (E.D. Cal. 2014)

Court Description: ORDER REMANDING CASE to Stanislaus County Superior Court re 5 Motion to Remand on the grounds that the removal os this action was untimely; ORDER ADOPTING 13 FINDINGS AND RECOMMENDATIONS, signed by District Judge Anthony W. Ishii on 06/4/14. Copy of remand order sent to Superior Court of California, County of Stanislaus, 800 11th Street, Modesto, CA 95354. CASE CLOSED(Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NKD DIVERSIFIED ENTERPRISES, INC., et al., Case No. 1:14-cv-00183-AWI-SAB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND REMANDING ACTION TO STANISLAUS COUNTY SUPERIOR COURT 12 Plaintiffs, 13 v. 14 15 FIRST MERCURY INSURANCE COMPANY, et al., (ECF Nos. 5, 9, 10, 13) Defendants. 16 17 18 On April 28, 2014, the magistrate judge assigned to this action issued a Findings and 19 Recommendations recommending that this action be remanded to state court. (ECF No. 13.) 20 The Findings and Recommendations were served on all parties and contained notice that any 21 objections were to be filed within fourteen (14) days. No party has filed objections to the 22 Findings and Recommendations. 23 In accordance with the provisions of 28 U.S.C. ยง 636(b)(1)(C), this Court has conducted 24 a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the 25 Findings and Recommendations are supported by the record and by proper analysis. 26 Accordingly, it is HEREBY ORDERED that: 27 1. 28 The Findings and Recommendations dated April 28, 2014 are ADOPTED IN FULL (ECF No. 13); 1 1 2. This is action is REMANDED to Stanislaus County Superior Court on the grounds that the removal of this action was untimely; 2 3 3. The parties shall bear their own costs and expenses associated with removal; and 4 4. The Clerk of the Court is directed to CLOSE this action. 5 6 IT IS SO ORDERED. 7 Dated: June 4, 2014 SENIOR DISTRICT JUDGE 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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