US Bank National Association v. Gruninger et al

Filing 12

ORDER - IT IS ORDERED granting the 8 Motion to Remand. This case is remanded to the Maricopa County Superior Court. Signed by Judge James A Teilborg on 11/10/10. (Attachments: # 1 Remand Letter) (SAT)

Credit Suisse First Boston 2004-AR4 v. Gruninger et al

Doc. 12

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

U.S. Bank National Association as Trustee) for Credit Suisse First Boston 2004-AR4,) ) ) Plaintiff, ) ) vs. ) ) ) Wayne R. Gruninger; et al., ) ) Defendants. ) )

No. CV 10-1692-PHX-JAT ORDER

U.S. Bank filed this action for forcible entry and detainer in Maricopa County Superior Court on May 4, 2010. On May 17, 2010, Plaintiff moved to voluntarily dismiss this case in Superior Court, which the Judge granted. Doc. 8-4 at 1. On August 10, 2010, Defendants removed this case to federal court.1 Plaintiff moved to remand under 28 U.S.C. § 1446(a) because only "pending" cases may be removed from state to federal court. Plaintiffs did not oppose the motion. For the reasons stated in the motion, /// /// ///

Defendants presumably did this because Plaintiff erroneously served Defendants with the complaint after it had been dismissed. Doc. 8 at 3.

1

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IT IS ORDERED granting the motion to remand (Doc. 8). This case is remanded to the Maricopa Country Superior Court. DATED this 10th day of November, 2010.

-2-