Peters v. Wells Fargo Bank, N.A. et al.

Filing 8

ORDER signed by Magistrate Judge Allison Claire on 6/2/2016 ORDERING the plaintiff to file an opposition to the defendant's 3 Motion to Dismiss, or a statement that he is relying on his 6 Motion to Remand by 6/15/2016; ORDERING the defendant to file an opposition to the plaintiff's 6 Motion to Remand, or a statement that it is relying on its 3 Motion to Dismiss by 6/15/2016; ORDERING that any replies be filed by 6/22/2016; CONTINUING the hearing on 3 Motion to Dismiss, 6 Motion to Remand to 6/29/2016 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARK R. PETERS,

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No. 2:16-cv-0834 JAM AC (PS)

Plaintiff,
v.

ORDER

WELLS FARGO BANK, N.A., et al.,
Defendants.

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Plaintiff is proceeding in this removed action pro se. This proceeding was accordingly
referred to the undersigned by E.D. Cal. R. (“Local Rule”) 302(c)(21).
Defendant Wells Fargo Bank, N.A. has filed a motion to dismiss the complaint, and

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noticed the motion for a June 8, 2016 hearing. ECF No. 3. Plaintiff did not timely oppose the

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motion, but has now filed a motion to remand the case back to state court on the grounds that this

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court lacks subject matter jurisdiction. ECF No. 6.

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The court will construe plaintiff’s motion to remand as a cross-motion and opposition, and

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will excuse its late filing. However, plaintiff is cautioned that even though he is proceeding without

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counsel, he is obligated to comply with the Local Rules of this court.

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Accordingly, IT IS HEREBY ORDERED that:

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1. No later than June 15, 2016, plaintiff shall file an Opposition to defendants’ Motion To

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Dismiss, or a statement that he is relying on his motion to remand;
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2. No later than June 15, 2016, defendant shall file an Opposition to plaintiffs’ Motion To
Remand, or a statement that it is relying on its Motion To Dismiss;

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3. No later than June 22, 2016, the parties shall file their Replies, if any; and

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4. The hearing on the cross-motions, currently scheduled for June 8, 2016, is CONTINUED

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to June 29, 2016.

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DATED: June 2, 2016

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