*4 that should the Article III District Judge adopt this Findings & Recommendation, the fee requests be granted in an amount determined by the Article III District Judge.

Finally, plaintiffs move for an order of sanctions against Pyramid Homes's counsel Albert Schlotfeldt. Because it is inappropriate for this Court to rule on this motion given my conclusion that the action was improperly removed here, I stay this motion until after a ruling by the Article II District Judge. If the Article III District Judge adopts this Findings & Recommendation, I recommend that this motion be denied.

CONCLUSION

Defendants' motions to remand (#7, #10) should be granted, as should defendants' requests for fees and costs in an amount determined by the Article III District Judge. Plaintiffs' motion for sanctions (#13) is stayed, but should be denied if the Article II District Judge adopts this Findings & Recommendation.

SCHEDULING ORDER

The above Findings and Recommendation will be referred to a United States District Judge for review. Objections, if any, are due November 14, 2006. If no objections are filed, review of the Findings and Recommendation will go under advisement on that date. *5 If objections are filed, a response to the objections is due November 28, 2006, and the review of the Findings and Recommendation will go under advisement on that date.

IT IS SO ORDERED.

Dated this 30th day of October , 2006. /s/ Dennis James Hubel Dennis James Hubel United States Magistrate Judge