Tishau Partners v. Miles

Filing 8

ORDER DIRECTING FURTHER BRIEFING REGARDING JURISDICTION : Plaintiff's response is due 3/17/10. Ms. Miles optional reply is due 3/22/10. (cc: plaitniff's counsel) (SI, COURT STAFF) (Filed on 3/9/2010) (Additional attachment(s) added on 3/10/2010: # 1 cs) (ys, COURT STAFF).

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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 March 4, 2010, the Court issued an Order to Show Cause why this unlawful detainer action should not be remanded to state court for lack of jurisdiction. Ms. Miles has responded to the Order to Show Cause, and asserts that removal was proper because there are numerous grounds for federal jurisdiction that she failed to assert in the original notice of removal. See Response at 2:1-19. It also appears that Ms. Miles continues to claim that this case is removable on the basis of diversity jurisdiction. However, as explained in the Court's March 4, 2010 order, an action is not removable on the basis of diversity of citizenship if the defendant is a citizen of the state in which the action was brought. See 28 U.S.C. 1441(a), (b). Ms. Miles' response to the Order to Show Cause appears to concede that she is a California resident, and therefore Ms. Miles cannot remove this action on the basis of diversity jurisdiction. The Court requests that plaintiff file a response to Ms. Miles's March 5, 2010 filing, and address whether this Court has jurisdiction under any of the new statutes identified by defendant. Plaintiff's response must be filed no later than March 17, 2010. Ms. Miles may file a reply to plaintiff's filing no later than March 22, 2010. The Court will then take the matter under submission and issue an order TISHAU PARTNERS, v. Plaintiff, No. C 10-835 SI ORDER DIRECTING FURTHER BRIEFING REGARDING JURISDICTION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA GRACE MILES, Defendant. / 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 shortly thereafter. IT IS SO ORDERED. Dated: March 9, 2010 SUSAN ILLSTON United States District Judge 2

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