Richards v. World Savings et al

Filing 18

SCHEDULING ORDER AND ORDER TO SHOW CAUSE. Signed by Judge Alsup on November 15, 2010. (whalc2, COURT STAFF) (Filed on 11/15/2010)

Richards v. World Savings et al

Doc. 18

1 2 3 4 5 6 7 8 9 10 GEORGE RICHARDS, Plaintiff, v. WORLD SAVINGS, WACHOVIA MORTGAGE, FSB, WELLS FARGO BANK, N.A., GOLDEN WEST, and NDEX WEST, L.L.C., Defendants. / SCHEDULING ORDER AND ORDER TO SHOW CAUSE No. C 10-04818 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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Subsequent to the reassignment of this action to the undersigned, defendants noticed their motions to dismiss and to strike for a hearing on February 3, 2011. This order advances the hearing on those motions to DECEMBER 16, 2010, AT 8:00 A.M. Furthermore, defendants removed this action based on an assertion of diversity jurisdiction. The notice of removal states that defendant Golden West is a California corporation but was fraudulently joined and thus should be disregarded for purposes of determining the diversity of the parties. It further states: "the facts establish that Golden West has never had any relationship with plaintiff (contractual or otherwise) and took no part in any of the actions of which plaintiff complains." Yet there is nothing in the record to support this claim. Defendants are therefore ordered to show cause why this action should not be remanded to

Dockets.Justia.com

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state court, by NOVEMBER 26, 2010, AT NOON. Plaintiff may respond as well regarding jurisdiction, by DECEMBER 2, 2010, AT NOON.

IT IS SO ORDERED.

Dated: November 15, 2010.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

United States District Court

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For the Northern District of California

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