Wells Fargo Bank NA v. Foglesong et al
ORDER granting Plaintiff's 7 Motion to Remand to Yavapai County Superior Court. Signed by Senior Judge Frederick J Martone on 2/19/13.(REW)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Wells Fargo Bank, N.A.,
Marley Foglesong, et al.,
No. CV 12-08255-PCT-FJM
Before the court is plaintiff's motion to remand (doc. 7). Defendant did not respond
to the motion and the time for doing so has long since expired. See LRCiv 7.2(c).
Defendant's failure to respond to the motion may be deemed a consent to the granting of the
motion and we may dispose of the motion summarily. LRCiv 7.2(i).
On December 10, 2012, plaintiff filed an action for forcible entry and detainer in
the Yavapai County Superior Court pursuant to A.R.S. 12-1171. Defendant removed the
action to this court on December 17, 2012. Plaintiff argues that there is no basis to
remove the action to federal court because it arises solely under state law. Defendant has
the burden of establishing that removal was proper. Hunter v. Philip Morris USA, 582
F.3d 1039, 1042 (9th Cir. 2009). Defendant has failed to meet his burden.
Accordingly, IT IS ORDERED GRANTING plaintiff's motion to remand this
action to Yavapai County Superior Court (doc. 7).
DATED this 19th day of February, 2013.
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