Thierry

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FAIRFIELD BAYSIDE, LLC, Case No. 24-cv-05508-SI

Plaintiff,

ORDER ADOPTING REPORT AND

v. RECOMMENDATION, AND

REMANDING CASE TO STATE

CHASYA THIERRY, et al., COURT Defendants. Re: Dkt. Nos. 3,

12 On August 20, 2024, defendants Chasya Thierry, Julienne Thierry, and Clarence Thierry removed this action from Contra Costa County Superior Court on the basis of federal question jurisdiction and applied for leave to proceed in forma pauperis (without prepaying the filing fee). Dkt. Nos. 1, 3. On August 28, 2024, Magistrate Judge Tse issued an order to defendants to show cause why the litigation should not be remanded back to the state court for lack of subject matter jurisdiction. Dkt. No. 4. Judge Tse noted that removal can only be based on the content of the complaint, not an affirmative defense based in federal law. Id. Defendant Chasya Thierry responded on September 9, 2024, reiterating defendants’ legal…