Fanucchi

LION RAISINS, INC. v. Fanucchi

Good Law
788 F. Supp. 2d 1167·2011 WL 1601565·2011 U.S. Dist. LEXIS 46157
United States District Court, Eastern District of CaliforniaApril 27, 20111:11-cr-00039California3,462 words

Opinion

Opinion

Ishii, J.

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS

ORDER GRANTING PLAINTIFF’S MOTION TO REMAND AND REMANDING ACTION

On January 27, 2011, Plaintiff Lion Raisins filed a motion to remand this action to the Superior Court of California, Fresno County. (Docs. 11, 12.) Plaintiff also requested attorney’s fees and costs. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636 (b).

On March 9, 2011, the Magistrate Judge issued findings and recommendations recommending that Plaintiffs motion to remand be granted and Plaintiffs request for attorney’s fees and costs be denied. (Doc. 21.) The Magistrate Judge explained that there was no basis for removal to federal court, and even assuming there was, Defendants’ notice of removal was untimely filed. As to an award for attorney’s fees and costs, the Magistrate Judge found that such was not warranted because Defendants’ attempt at removal was not patently frivolous.

The findings .and recommendations were served on the parties and contained notice that any objections to the findings and recommendations were to be filed within twenty-one days. As of the date of this order, no objections to the findings and…

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