Summary
rejecting argument that there was federal question jurisdiction where, in state court unlawful detainer action, defendant raised counterclaims and defenses related to plaintiff's alleged violation of the Truth in Lending Act, the Real Estate Settlement Procedures Act, and the FDCPA
Summary of this case from CitiMortgage, Inc. v. HerbertOpinion
Case No. 2:10-cv-640 CW.
January 5, 2011
ORDER ADOPTING REPORT AND RECOMMENDATION
This case was assigned to United States District Court Judge Clark Waddoups, who then referred it to United States Magistrate Judge David Nuffer under 28 U.S.C. § 636(b)(1)(B). On December 14, 2010, the Magistrate Judge issued a Report and Recommendation ("R R"), recommending that this case be remanded to Utah state court. As of this date, no objection has been filed to the R R. The court therefore adopts the R R in its entirety. Accordingly, this case is REMANDED to the Utah state court in which it was filed.
The court has received a package via registered mail from a third party with a post date of December 29, 2010, which was marked "Private Confidential In Camera Communication." The court has reviewed the contents of the package and does not construe any document in the package to be an objection to the R R or to be otherwise relevant to the issue now before the court.
SO ORDERED this 5th day of January, 2011.