Diaz v. CarMax Auto Superstores California, LLC et al, No. 1:2015cv00523 - Document 24 (E.D. Cal. 2015)

Court Description: ORDER Adopting Findings And Recommendations (ECF No. 13 , 23 ), signed by District Judge Anthony W. Ishii on 7/8/2015. REMANDING CASE to Superior Court of Stanislaus County. Copy of remand order sent to Superior Court of California, County of Stanislaus, 800 11th Street, Rm.100, Modesto, CA 95354. CASE CLOSED.(Fahrney, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARIA ELENA DIAZ, 12 Case No. 1:15-cv-00523-AWI-SAB Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. 13 ECF NO. 13, 23 14 CARMAX AUTO SUPERSTORES CALIFORNIA, LLC, 15 Defendant. 16 17 18 On June 16, 2015, the magistrate judge assigned to this action issued a Findings and 19 Recommendations recommending that Plaintiff Maria Elena Diaz’s motion to remand be 20 granted. (ECF No. 23.) The Findings and Recommendations 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. § 636(b)(1)(C), this Court has conducted 24 a de novo review of this 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. The June 16, 2015 Findings and Recommendations are ADOPTED IN FULL; 28 / / / 1 1 2. Pursuant to 28 U.S.C. § 1447(c) and the absence of jurisdiction in this Court, this 2 action is REMANDED forthwith to the Superior Court of California for the 3 County of Stanislaus; and 4 5 3. Defendant’s motion to dismiss (ECF No. 4) and motion to strike (ECF No. 5) are denied as moot and all other matters and dates are VACATED. 6 7 IT IS SO ORDERED. 8 Dated: July 8, 2015 SENIOR DISTRICT JUDGE 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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