(PS) Adventist Health System (AHS) et al v. Clark, No. 2:2006cv01467 - Document 5 (E.D. Cal. 2006)

Court Description: FINDINGS and RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 7/7/06 recommending that the above-entitled action be summarily remanded to the Superior Court of CA, County of Placer. Objections to the F&R are due within 20 days after being served with the F&R. (Kastilahn, A) Modified on 7/11/2006 (Krueger, M).

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(PS) Adventist Health System (AHS) et al v. Clark Case 2:06-cv-01467-FCD-KJM Doc. 5 Document 5 Filed 07/07/2006 Page 1 of 2 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ADVENTIST HEALTH SYSTEM, et al., 11 12 13 14 Plaintiffs, vs. BARBARA CLARK, Defendant. 15 16 No. CIV S-06-1467 LKK KJM PS FINDINGS AND RECOMMENDATIONS / Defendant has filed a notice of removal of a state court petition of employer for 17 injunction prohibiting violence or threats of violence against employee in which plaintiff seeks a 18 stay away order against defendant. There is no basis for federal subject matter jurisdiction 19 evident in the state court action. Under 28 U.S.C. § 1447(c), this action should therefore be 20 summarily remanded. 21 22 Accordingly, IT IS HEREBY RECOMMENDED that the above-entitled action be summarily remanded to the Superior Court of California, County of Placer. 23 These findings and recommendations are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 25 days after being served with these findings and recommendations, any party may file written 26 objections with the court and serve a copy on all parties. Such a document should be captioned 1 Dockets.Justia.com Case 2:06-cv-01467-FCD-KJM Document 5 Filed 07/07/2006 Page 2 of 2 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 2 shall be served and filed within ten days after service of the objections. The parties are advised 3 that failure to file objections within the specified time may waive the right to appeal the District 4 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 DATED: July 7, 2006. 6 ______________________________________ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 006 clark1472.rem 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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