Fonua v. The Bank of New York as Trustee for the Certificate Holders Cwabs, Inc. Asset-BAcked Certificates, Series 2006-21 et al
Filing
29
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE REMANDED TO STATE COURT. Ordered to show cause in writing is due 7/6/09. (SI, COURT STAFF) (Filed on 6/19/2009)
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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On February 4, 2009, defendants removed this case from state court based on federal question jurisdiction because the complaint alleged federal and state claims. In response to the Court's March 27, 2009 order granting defendants' motions to dismiss the complaint, plaintiff filed a first amended complaint alleging only state law claims. The first amended complaint, filed pro se, states "[t]here is no jurisdictional basis for this first amended complaint . . . [and] that this matter should be ordered returned to the state court." First Amended Compl. 1-2. Defendant Countrywide moved to dismiss the first amended complaint for failure to state a claim. The motion does not address the Court's jurisdiction. After the motion was filed, plaintiff secured representation, and through counsel has filed an opposition which states that plaintiff intends to pursue only state law claims. As such, it appears that this Court lacks subject matter jurisdiction and that this case should be remanded to state court. The parties are therefore ORDERED TO SHOW CAUSE, in writing filed no later than July 6, 2009, why this action should not be remanded to the Superior Court for the County of Alameda, where this case was pending prior to removal. The Court VACATES the June 26, 2009 hearing on defendant's motion to dismiss the first amended v. FIRST ALLIED FUNDING, et al., Defendants. / CHARLOTTE LAVENDER FONUA, Plaintiff, No. C 09-497 SI ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE REMANDED TO STATE COURT IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
complaint.
IT IS SO ORDERED.
Dated: June 19, 2009
SUSAN ILLSTON United States District Judge
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