Opinion
No. 3:16-cv-01796-SB
05-26-2017
MELISSA COURY, Personal Representative of the Estate of Raymond Coury, Plaintiff, v. AIR & LIQUID SYSTEMS CORPORATION, a Pennsylvania corporation, sued individually and as successor by merger to BUFFALO PUMPS, INC., et al, Defendants.
ORDER :
Magistrate Judge Beckerman issued a Findings & Recommendation (#46) on March 21, 2017, in which she recommends the Court grant Plaintiff's motion to remand. 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 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 Beckerman's Findings & Recommendation [46], and therefore, Plaintiff's motion to remand [4] is granted. Plaintiff's request for fees and costs under 28 U.S.C. § 1447(c) is denied.
IT IS SO ORDERED.
DATED this 26 day of May, 2017.
/s/_________
MARCO A. HERNANDEZ
United States District Judge