Filed: Jul. 28, 2016
Latest Update: Jul. 28, 2016
Summary: ORDER MARCO A. HERNANDEZ , District Judge . Magistrate Judge Jelderks issued a Findings & Recommendation (#19) on May 26, 2016, in which he recommends the Court grant Plaintiff's motion to remand, deny Plaintiff's request for fees and costs, and deny Defendants' motion to dismiss as moot. Plaintiff and Defendants have timely filed objections to the Findings & Recommendation. The matter is now before me pursuant to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(b). When any pa
Summary: ORDER MARCO A. HERNANDEZ , District Judge . Magistrate Judge Jelderks issued a Findings & Recommendation (#19) on May 26, 2016, in which he recommends the Court grant Plaintiff's motion to remand, deny Plaintiff's request for fees and costs, and deny Defendants' motion to dismiss as moot. Plaintiff and Defendants have timely filed objections to the Findings & Recommendation. The matter is now before me pursuant to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(b). When any par..
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ORDER
MARCO A. HERNANDEZ, District Judge.
Magistrate Judge Jelderks issued a Findings & Recommendation (#19) on May 26, 2016, in which he recommends the Court grant Plaintiff's motion to remand, deny Plaintiff's request for fees and costs, and deny Defendants' motion to dismiss as moot. Plaintiff and Defendants have timely filed objections to the Findings & Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
When any party objects to any portion of the Magistrate Judge's Findings & Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).
I have carefully considered Plaintiff's and Defendants' objections and conclude there is no basis to modify the Findings & Recommendation. I have also reviewed the pertinent portions of the record de novo and find no other errors in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Jelderks's Findings & Recommendation [15], and therefore, Plaintiff's motion to remand [6] is granted, Plaintiff's motion for attorney's fees and costs [6-2] is denied, and Defendants' motion to dismiss [3] is denied as moot.
IT IS SO ORDERED.
