Morris v. Deutsche Bank National Trust Company

Filing 8

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/17/14: Defendants shall file opposition, if any, to the motion to remand no later than July 2, 2014. Reply, if any, shall be filed no later than July 9, 2014. The matter shall thereafter stand submitted. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROMA MORRIS,

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Plaintiff,

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No. 2:14-cv-1353 LKK CKD PS

v.

ORDER

DEUTSCHE BANK NATIONAL TRUST
COMPANY, et al.,
Defendants.

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This action was removed from state court on June 4, 2014. The removal petition alleges

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that federal question jurisdiction exists because plaintiff’s claims depend on the determination of

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plaintiff’s rights and defendants’ duties, if any, under federal law. On June 12, 2014, plaintiff

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filed an ex parte application and notice of motion to remand this action. Defendants oppose the

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ex parte application and contend that there is “no basis to circumvent Defendants’ right to

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formulate an intelligent response” to the motion to remand. While defendants are correct that

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plaintiff’s ex parte application suffers some procedural infirmities, plaintiff is proceeding pro se,

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and as such, the court will construe plaintiff’s pleadings liberally. Plaintiff has fully briefed the

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motion to remand. Defendants will be afforded an opportunity to fully brief any opposition.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants shall file opposition, if any, to the motion to remand no later than July 2,

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2014.

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2. Reply, if any, shall be filed no later than July 9, 2014.

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3. The matter shall thereafter stand submitted.

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Dated: June 17, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 morris-deutsche.brf

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