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Orchard Glen Venture v. Hill

United States District Court, N.D. California

February 3, 2015

ORCHARD GLEN VENTURE, a California General Partnership, Plaintiff,
v.
HOWARD HILL, NATASHA HILL, and DOES I through V, inclusive, Defendants

For Orchard Glen Venture, a California general partnership, Plaintiff: Todd Bennett Rothbard, LEAD ATTORNEY, Todd Rothbard Law Office, Santa Clara, CA.

Howard Hill, Defendant, Pro se, Santa Clara, CA.

REFERRAL FOR REASSIGNMENT WITH RECOMMENDATION TO REMAND THE CASE TO STATE COURT

Nathanael M. Cousins, United States Magistrate Judge.

This unlawful detainer action was removed to this Court by defendant Howard Hill, proceeding pro se. Dkt. No. 1 at 1-4. On December 31, 2014, the Court ordered Hill to show cause by January 14, 2015, why this case should not be remanded to state court for lack of subject matter jurisdiction. Dkt. No. 7. On January 5, 2015, Hi9ll filed a letter requesting dismissal of the case without prejudice and remand to state court. Dkt. No. 8. The Court ordered the parties to file a consent or declination to the jurisdiction of a Magistrate Judge by January 29, 2015. Dkt. No. 9.

Because the parties have not consented, this matter will be reassigned to a District Court Judge. The Court RECOMMENDS that the District Court REMAND this case to the Superior Court of California, County of Santa Clara, based on Hill's non-opposition to the Court's order to show cause for lack of subject matter jurisdiction. See Dkt. No. 7.

Any party may object to this recommendation under Federal Rule of Civil Procedure 72(b)(2) within fourteen days after being served with a copy.

IT IS SO ORDERED.


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