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Brooks v. Hualalai Investors, LLC, 17-00364 JMS-KJM. (2018)

Court: District Court, D. Hawaii Number: infdco20180320a62 Visitors: 12
Filed: Mar. 19, 2018
Latest Update: Mar. 19, 2018
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION J. MICHAEL SEABRIGHT , Chief District Judge . On October 30, 2017, Magistrate Judge Kenneth J. Mansfield issued a Findings and Recommendation to grant Plaintiff Steven Brooks' ("Plaintiff") Motion to Remand Action to State Court ("F&R"). ECF No. 26. On November 13, 2017, Defendants Hualalai Investors, LLC and Four Seasons Hotels Limited ("Defendants") filed Objections to the F&R. ECF No. 29. On November 27, 2017, this court stay
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ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION

On October 30, 2017, Magistrate Judge Kenneth J. Mansfield issued a Findings and Recommendation to grant Plaintiff Steven Brooks' ("Plaintiff") Motion to Remand Action to State Court ("F&R"). ECF No. 26. On November 13, 2017, Defendants Hualalai Investors, LLC and Four Seasons Hotels Limited ("Defendants") filed Objections to the F&R. ECF No. 29. On November 27, 2017, this court stayed its ruling on Defendants' Objections pending the Ninth Circuit's ruling in Noble v. Nev. Checker CAB Corp., Case No. 16-16573, which raised the same dispositive issue Defendants' addressed in their Objections to the F&R. ECF No. 33.

Thereafter, the Ninth Circuit issued two rulings relevant to the instant F&R: (1) Bassett v. ABM Parking Services, 883 F.3d 776 (9th Cir. Feb. 21, 2018); and (2) Noble, 2018 WL 1223484 (9th Cir. Mar. 9, 2018) (Mem.). Based on these decisions, on March 9, 2018, the court issued an order stating its inclination to summarily adopt the F&R and directing the parties respond. ECF No. 37. On March 16, 2018, Defendants filed a Response effectively withdrawing their objections based on the recognition that in light of Noble and Bassett, "Plaintiff does not allege an actual injury under Article III of the United States Constitution, and . . . therefore this Court lacks subject matter jurisdiction over this action." ECF No. 38 at 1-2. The court agrees.

Accordingly, pursuant to 28 U.S.C. § 636(b)(1)(C) and Local Rule 74.2, the court ADOPTS the "Findings and Recommendation to Grant Plaintiff's Notice of Motion and Motion to Remand Action to State Court," ECF No. 26. The Clerk of Court is directed to remand this action to the State of Hawaii, Circuit Court of the Third Circuit forthwith.

IT IS SO ORDERED.

Source:  Leagle

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