Hollis v. Aurora Loan Services LLC, et al

Filing 4

ORDER signed by Judge Frank C. Damrell, Jr on 4/8/2010 ORDERING that the 1 Notice of Removal is untimely. Accordingly, the court REMANDS this action to the Superior Court of California, County of Sacramento. CASE CLOSED. (cc Sacramento Superior Court). (Duong, D)

1 2 3 4 5 6 7 8 9 10 11 12 LOVIE M. HOLLIS, 13 14 16 17 18 19
al., v. Plaintiff, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo----

NO. 2:10-cv-0816 FCD JFM ORDER

15 AURORA LOAN SERVICES LLC, et
Defendants. ----oo0oo---The court has reviewed defendants' notice of removal to the

20 United States District Court for the Eastern District of 21 California under 28 U.S.C. §§ 1441 based on federal question 22 jurisdiction.
Pursuant to 28 U.S.C. § 1446, "[t]he notice of

23 removal of a civil action or proceeding shall be filed within 24 thirty days after the receipt by the defendant, through service 25 or otherwise, of a copy of the initial pleading."
Defendant

26 contends that plaintiff's complaint, which alleges claims under 27 federal law, was filed in state court on February 26, 2010; it 28 was served via certified mail on the same date.
Defendants'

1 notice of removal was filed on April 6, 2010, more than thirty 2 days after service of the complaint. 3 removal is untimely. 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
2 FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE Accordingly, the notice of Accordingly, the court REMANDS this action

4 to the Superior Court of California, County of Sacramento.
IT IS SO ORDERED.

6 DATED: April 8, 2010