-KJN (PS) Aurora Loan Services LLC v. Montoya, No. 2:2011cv02485 - Document 7 (E.D. Cal. 2011)

Court Description: ORDER adopting 6 FINDINGS AND RECOMMENDATIONS signed by Judge Morrison C. England, Jr., on 12/16/11. Plaintiff's 4 Motion to Remand is GRANTED. This matter is REMANDED to the Superior Court of CA, County of Solano. Copy of remand order sent. CASE CLOSED. (Kastilahn, A)
Download PDF
-KJN (PS) Aurora Loan Services LLC v. Montoya Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AURORA LOAN SERVICES, LLC, 11 Plaintiff, 12 No. CIV-S-11-2485-MCE-KJN-PS vs. 13 RAMNAR MONTOYA, 14 Defendant. __________________________________/ ORDER 15 16 On November 9, 2011, the magistrate judge filed findings and recommendations herein 17 which were served on the parties and which contained notice that any objections to the findings 18 and recommendations were to be filed within fourteen days. No objections were filed. 19 Accordingly, the court presumes that any findings of fact are correct. See Orand v. 20 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 21 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 22 1983). 23 24 The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full. 25 Accordingly, IT IS ORDERED that: 26 1. The Proposed Findings and Recommendations filed November 9, 2011, are 1 Dockets.Justia.com 1 ADOPTED; 2 2. Plaintiff’s Motion to Remand (Dkt. No. 4) is granted; 3 3. This matter is remanded to the Superior Court of California, County of Solano, on the 4 5 6 7 8 grounds that this court lacks subject matter jurisdiction over plaintiff’s claims; and 4. The Clerk of Court is directed to vacate all future dates and close this case. Dated: December 16, 2011 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2