(PS) Khomich et al v. Bank of America, N.A. et al, No. 2:2010cv01882 - Document 16 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 10/01/10 RECOMMENDING that this action be Dismissed as duplicative. Objections to F&R's due within fourteen days after being served with these findings and recommendations. Referred to Judge Garland E. Burrell, Jr. (Williams, D) Modified on 10/4/2010 (Williams, D).
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(PS) Khomich et al v. Bank of America, N.A. et al Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VYACHESLAV KHOMICH, et al., 11 12 13 Plaintiffs, No. CIV S-10-1882 GEB KJM PS vs. BANK OF AMERICA N.A., et al., 14 FINDINGS AND RECOMMENDATIONS Defendants. 15 / 16 Defendants’ motion to dismiss based on Federal Rule of Civil Procedure 12(b)(6) 17 was submitted on the papers. Defendants have withdrawn the motion and now move to dismiss 18 on the ground this action is duplicative of an earlier filed action, Khomich v. Bank of America, 19 N.A., Case No. 2:10-CV-1866 FCD DAD. See Docket No. 15. The earlier filed action involves 20 the same property and the same state court action; that action was removed from state court prior 21 to the removal of the pending action. 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed as 23 duplicative. 24 These findings and recommendations are submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 26 1 Dockets.Justia.com 1 fourteen days after being served with these findings and recommendations, any party may file 2 written objections with the court and serve a copy on all parties. Such a document should be 3 captioned "Objections to Magistrate Judge's Findings and Recommendations." Any reply to the 4 objections shall be served and filed within seven days after service of the objections. The parties 5 are advised that failure to file objections within the specified time may waive the right to appeal 6 the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 DATED: October 1, 2010. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 006 26 khomich.dup 2