Barefield v. HSBC Holdings, PLC et al

Filing 81

MEMORANDUM DECISION and ORDER DENYING Ex Parte Motion for Reconsideration of Consolidation of Cases 79 signed by Chief Judge Lawrence J. O'Neill on 5/3/2019: Motion is DENIED. No further motions on this subject will be entertained. (Hellings, J)

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DEBORAH BAREFIELD, as Administrator of
the Estate of Thomas W. Hatch,

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MEMORANDUM DECISION AND
ORDER DENYING EX PARTE
MOTION FOR RECONSIDERATION
OF CONSOLIDATION OF CASES

Plaintiff,

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1:18-cv-00527-LJO-JLT

v.
HSBC HOLDINGS PLC; CALIBER HOME
LOANS, INC.; SUMMIT PROPERTY
MANAGEMENT, INC., a California
Corporation; DOES 1-20, inclusive;

(ECF No. 79)

Defendants.

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The Court has received and reviewed Plaintiff’s motion for reconsideration. Not only has

19 Plaintiff not provided any basis for reconsideration, see Local Rule 230(j)(3), but her legal arguments
20 are incorrect as a matter of law. First, her unlawful detainer action was not removed properly. The
21 Local Rules of this District clearly require removed cases to be “initiated pursuant to the CM/ECF
22 procedures in the same fashion as any other civil action.” See Local Rule 101, Definition of “Removed
23 Case.” That did not happen here. Second, as the Court explained, even if removal had been effectuated
24 in a procedurally proper manner, this Court would not have jurisdiction over Plaintiff’s removed
25 unlawful detainer action anyway. This Court cannot entertain her unlawful detainer action here and
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therefore cannot consolidate it with her pending action before the undersigned. The motion for

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reconsideration is DENIED. No further motions on this subject will be entertained.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

May 3, 2019

UNITED STATES CHIEF DISTRICT JUDGE
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