Wells Fargo Bank NA v. Foglesong et al

Filing 8

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)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Wells Fargo Bank, N.A., 9 Plaintiff, 10 vs. 11 12 13 Marley Foglesong, et al., Defendant. ) ) ) ) ) ) ) ) ) ) ) No. CV 12-08255-PCT-FJM ORDER 14 Before the court is plaintiff's motion to remand (doc. 7). Defendant did not respond 15 to the motion and the time for doing so has long since expired. See LRCiv 7.2(c). 16 Defendant's failure to respond to the motion may be deemed a consent to the granting of the 17 motion and we may dispose of the motion summarily. LRCiv 7.2(i). 18 19 On December 10, 2012, plaintiff filed an action for forcible entry and detainer in 20 the Yavapai County Superior Court pursuant to A.R.S. 12-1171. Defendant removed the 21 action to this court on December 17, 2012. Plaintiff argues that there is no basis to 22 remove the action to federal court because it arises solely under state law. Defendant has 23 the burden of establishing that removal was proper. Hunter v. Philip Morris USA, 582 24 F.3d 1039, 1042 (9th Cir. 2009). Defendant has failed to meet his burden. 25 26 27 28 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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