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Pretscher-Johnson v. Aurora Bank FSB

United States District Court, N.D. California, San Jose Division

May 14, 2014

MARIANNE PRETSCHER-JOHNSON, Plaintiff,
v.
AURORA BANK FSB, et al., Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION; DISMISSING CASE FOR LACK OF SUBJECT MATTER JURISDICTION Re: Dkt. No. 47

BETH LABSON FREEMAN, District Judge.

This case is a quiet title action originally brought before Magistrate Judge Paul Singh Grewal. Before the Court is Judge Grewal's April 3, 2014 Report and Recommendation that the case be dismissed for lack of subject matter jurisdiction.[1] Dkt. No. 47. On April 14, 2014, Plaintiff filed a timely objection to the Magistrate Judge's Report and Recommendation stating that "Plaintiff objects to the magistrate judge's recommendation that the case be dismissed and respectfully requests that this Court, in the alternative, transfer this case." Dkt. No. 52. Also pending before the Court are Defendants' two motions to dismiss Plaintiff's Second Amended Complaint pursuant to Fed.R.Civ.P. 12(b)(6), Dkt. Nos. 39, 42, which are fully briefed, [2] as well as Plaintiff's unopposed motion for leave to file a Third Amended Complaint, Dkt. No. 51.

Having reviewed the Report and Recommendation de novo, [3] along with the record in this case, the court finds that the Report and Recommendation is well-founded in fact and in law and therefore adopts the Report and Recommendation.

Because subject matter jurisdiction is lacking, the Court need not address the Defendants' motions to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). Accordingly, those motions are DENIED as moot.

Finally, after considering Plaintiff's proposed Third Amended Complaint, the Court finds that Plaintiff's proposed amendments would not cure the jurisdictional defect identified in Judge Grewal's Report and Recommendation. Accordingly, Plaintiff's motion for leave to file a Third Amended Complaint is DENIED.

This case is DISMISSED, without prejudice, for lack of subject matter jurisdiction. The Clerk shall close the file.

IT IS SO ORDERED.


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