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FANNIE MAE v. CORDOVA, C-15-1081 EMC. (2015)

Court: District Court, N.D. California Number: infdco20150414756 Visitors: 14
Filed: Apr. 13, 2015
Latest Update: Apr. 13, 2015
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION EDWARD M. CHEN , District Judge . On March 9, 2015, Defendants Marquita Cordova and Robert Griffis removed the instant action from state to federal court. See Docket No. 1 (notice of removal). Currently pending before the Court is Judge Beeler's report and recommendation ("R&R"), recommending that the lawsuit be remanded back to Contra Costa Superior Court. See Docket No. 4 (report and recommendation or "R&R"). The R&R was serv
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ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

On March 9, 2015, Defendants Marquita Cordova and Robert Griffis removed the instant action from state to federal court. See Docket No. 1 (notice of removal). Currently pending before the Court is Judge Beeler's report and recommendation ("R&R"), recommending that the lawsuit be remanded back to Contra Costa Superior Court. See Docket No. 4 (report and recommendation or "R&R"). The R&R was served on Defendants by mail on March 12, 2015. See Docket No. 4-1 (certificate of service). The Court has not since received any objection to the R&R from Defendants. See Fed. R. Civ. P. 72(b)(2) (providing that, "[w]ithin 14 days after being served with a copy of the recommended disposition, a party may serve and file specific written objections to the proposed findings and recommendations"); Fed. R. Civ. P. 6(d) (providing that, "[w]hen a party may or must act within a specified time after service and service is made under Rule 5(b)(2)(C), (D), (E), or (F), 3 days are added after the period would otherwise expire under Rule 6(a)").

The Court has reviewed Judge Beeler's R&R; finds it correct, well reasoned, and thorough; and therefore adopts it in every respect. Moreover, the Court also notes that Defendants' removal was not timely. See 28 U.S.C. § 1446(b)(1) (providing that "[t]he notice of removal . . . shall be filed within 30 days after the receipt by the defendant . . . of a cop of the initial pleading").

Because the Court is adopting the R&R, Plaintiff Fannie Mae's motion to remand is now moot. The Court acknowledges that Fannie Mae's motion included a request for an award of fees pursuant to 28 U.S.C. § 1447(c), which provides: "An order remanding the case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal." 28 U.S.C. § 1447(c). But Fannie Mae need not have incurred any fees in preparing the motion to remand because of Judge Beeler's R&R. Accordingly, to the extent Fannie Mae's motion is not moot because of its request for fees, the request for fees is hereby denied.

This order disposes of Docket Nos. 4 and 6.

IT IS SO ORDERED.

Source:  Leagle

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