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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Wells Fargo Bank, N.A.,
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Plaintiff,
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vs.
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Marley Foglesong, et al.,
Defendant.

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No. CV 12-08255-PCT-FJM
ORDER

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Before the court is plaintiff's motion to remand (doc. 7). Defendant did not respond
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to the motion and the time for doing so has long since expired. See LRCiv 7.2(c).
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Defendant's failure to respond to the motion may be deemed a consent to the granting of the
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motion and we may dispose of the motion summarily. LRCiv 7.2(i).
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On December 10, 2012, plaintiff filed an action for forcible entry and detainer in

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the Yavapai County Superior Court pursuant to A.R.S. 12-1171. Defendant removed the

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action to this court on December 17, 2012. Plaintiff argues that there is no basis to

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remove the action to federal court because it arises solely under state law. Defendant has

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the burden of establishing that removal was proper. Hunter v. Philip Morris USA, 582

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F.3d 1039, 1042 (9th Cir. 2009). Defendant has failed to meet his burden.

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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.