Federal National Mortgage Association v. Christopher Arredondo et al

Filing 16

ORDER GRANTING PLAINTIFFS EX PARTE APPLICATION FOR AN ORDER WITHOUT HEARING REMANDING REMANDING CASE BACK TO RIVERSIDE COUNTY SUPERIOR COURT 8 by Judge Otis D. Wright, II: Plaintiffs Motion to Remand 11 is vacated as MOOT. The case is remanded back to the Riverside County Superior Court, Moreno Valley Courthouse, Moreno Valley, MVC 1500011. MD JS-6. Case Terminated. (lc)

JS-6

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NOTE: CHANGES HAVE BEEN
MADE TO THIS DOCUMENT

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA - RIVERSIDE

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FEDERAL NATIONAL MORTGAGE Case No.: 5:15-cv-00555-ODW (PLAx)
ASSOCIATION,
(State Case No.: MVC1500011)

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Plaintiff,
v.
CHRISTOPHER ARREDONDO, an
individual, DIANNA FRANCO, an
individual, and DOES 1 through 10,
inclusive,
Defendants.

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ORDER GRANTING PLAINTIFF’S
EX PARTE APPLICATION FOR AN
ORDER WITHOUT HEARING
REMANDING CASE BACK TO
RIVERSIDE COUNTY SUPERIOR
COURT
Complaint Filed: January 5, 2015
Removal Filed:
March 23, 2015

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The Ex Parte Application for an Order Without Hearing Remanding the
above-referenced case back to the Riverside County Superior Court, Moreno
Valley Courthouse or, in the alternative, for an order shortening time for notice of
hearing on FEDERAL NATIONAL MORTGAGE ASSOCIATION’s (hereinafter
“Plaintiff”) Motion to Remand Case came before the Hon. Judge Otis D. Wright,
II, United States District Court, in Courtroom 11.
After considering the moving papers and supporting paperwork, including
the Declaration of Stephen M. Lewis, filed on May 1, 2015, concurrently
therewith, the Court enters the following Order:
IT IS ORDERED that:
1.

Plaintiff’s Ex Parte Application is GRANTED without a hearing.
1
ORDER RE EX PARTE APPLICATION

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Defendant failed to remove within thirty days of receipt of the

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Summons and Complaint as required by 28 U.S.C. § 1446. Defendant

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was served with the Summons and Complaint in the State Action on

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February 9, 2015. (RJN, Exh. 4.) However, the Defendant did not

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file

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Notwithstanding the procedural defect, the Court lacks Federal

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Question Jurisdiction under 28 U.S.C. § 1332(a), and also subject

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matter jurisdiction under 28 U.S.C. § 1447(c).

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her

Application

to

Remove

until

March

23,

2. Plaintiff’s Motion to Remand (ECF No. 11) is vacated as MOOT.
3. The case is remanded back to the Riverside County Superior Court,
Moreno Valley Courthouse. The Clerk of Court will close this case.

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2015.

Dated: May 5, 2015
_
HON. OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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ORDER RE EX PARTE APPLICATION