Kindsvater v. Select Portfolio Servicing, Inc. et al

Filing 11

STIPULATION and ORDER signed by Judge John A. Mendez on 10/6/15. ORDERING that this action is remanded back to the Sacramento County Superior Court. Copy of remand order sent to other court. CASE CLOSED. (Becknal, R)

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THOMAS A. WOODS (SB #210050)
[e-mail]
BRYAN L. HAWKINS (SB #238346)
[e-mail]
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
SELECT PORTFOLIO SERVICING, INC.,
NATIONAL DEFAULT SERVICING
CORPORATION, and US BANK, N.A., AS
TRUSTEE, SUCCESSOR IN INTEREST TO
BANK OF AMERICA, N.A. AS SUCCESSOR BY
MERGER TO LASALLE BANK N.A., AS
TRUSTEE FOR CERTIFICATEHOLDERS OF
BEAR STEARNS ASSET BACKED SECURITIES
I LLC, ASSET-BACKED CERTIFICATES,
SERIES 2007-HE7

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRIAN KINDSVATER,

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Case No. 2:15-cv-01982-JAM-EFB

Plaintiff,

STIPULATED REMAND

v.

(Sacramento Superior Court Case No. 342015-00183326)

SELECT PORTFOLIO SERVICING, INC.,
NATIONAL DEFAULT SERVICING
CORPORATION, US BANK, NA, and Does 1
through 10,

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Defendants.
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S TOEL R IVES LLP
ATTORNEYS AT LAW
SACRAMENTO

STIPULATION
80122907.1 0052161-02871

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Complaint Filed: August 20, 2015

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Plaintiff, on his own behalf, and Defendants Select Portfolio Servicing, Inc. (“SPS”),

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National Default Servicing Corporation (“NDSC”), and U.S. Bank N.A., as Trustee, Successor in

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Interest to Bank of America, N.A. as Successor by Merger to LaSalle Bank N.A., as Trustee for

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Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates,

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Series 2007-HE7 (the “Trust”) (collectively, “Defendants”), by and through their undersigned

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counsel, hereby recite and stipulate, subject to the Court’s approval as provided for herein, as

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follows:

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RECITALS
1.

On August 20, 2015, Plaintiff filed his Complaint in this matter styled as Brian

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Kindsvater v. Select Portfolio Servicing, Inc., National Default Servicing Corporation, US Bank,

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NA, Sacramento County Superior Court, Case No. 34-2015-00183326. Defendant SPS was

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served with the Complaint on August 20, 2015.

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2.

On September 18, 2015, Defendants removed this action to this Court pursuant to

28 U.S.C. §§ 1441 and 1446.

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3.

On September 25, 2015, Defendants filed their Motion To Dismiss.

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4.

That same day, Plaintiff emailed Defendants’ counsel and informed them that

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removal was improper because prior to Defendants’ filing of their Notice of Removal on

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September 18, 2015, Plaintiff had filed an Amended Complaint naming additional defendants

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whom are residents of the State of California.

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5.

At the time Defendants’ counsel filed the Notice of Removal, they were unaware

of the filing of an Amended Complaint.

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S TOEL R IVES LLP
ATTORNEYS AT LAW
SACRAMENTO

STIPULATION
80122907.1 0052161-02871

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STIPULATIONS
Based on the foregoing, the Parties stipulate to remand of this action back to the
Sacramento County Superior Court.
IT IS SO STIPULATED.

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Respectfully submitted,

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Dated: September 29, 2015

By: /s/ Brian Kindsvater
(as authorized on xxx)
BRIAN KINDSVATER
Pro per

Dated: September 29, 2015

By: /s/ Bryan L Hawkins
THOMAS A. WOODS
BRYAN L. HAWKINS
Attorneys for Defendants
SELECT PORTFOLIO SERVICING, INC.,
NATIONAL DEFAULT SERVICING
CORPORATION, and US BANK, N.A., AS
TRUSTEE, SUCCESSOR IN INTEREST TO
BANK OF AMERICA, N.A. AS SUCCESSOR
BY MERGER TO LASALLE BANK N.A., AS
TRUSTEE FOR CERTIFICATEHOLDERS OF
BEAR STEARNS ASSET BACKED
SECURITIES I LLC, ASSET-BACKED
CERTIFICATES, SERIES 2007-HE7

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S TOEL R IVES LLP
ATTORNEYS AT LAW
SACRAMENTO

STIPULATION
80122907.1 0052161-02871

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ORDER

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Upon reading the foregoing Stipulation, and good cause appearing, therefore, IT IS SO

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ORDERED that this action is remanded back to the Sacramento County Superior Court.

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Dated: October 6, 2015

/s/ John A. Mendez
DISTRICT JUDGE JOHN A. MENDEZ

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S TOEL R IVES LLP
ATTORNEYS AT LAW
SACRAMENTO

STIPULATION
80122907.1 0052161-02871

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