James v. Litton Loan Servicing, LP et al

Filing 39

ORDER by Judge Charles R. Breyer granting 33 Motion to Remand. (crblc1, COURT STAFF) (Filed on 5/9/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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ORDER GRANTING MOTION TO
REMAND

Plaintiff,

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No. C 10-05407 CRB

JAMES W. JAMES,

v.
LITTON LOAN SERVICING, LP, ET AL.,

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Defendants.

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Pro se Plaintiff James W. James brought suit against his mortgage company, alleging

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wrongdoing in connection with a loan modification. The Court recently granted the

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mortgage company’s Motion to Dismiss one of his claims, for fraud. See dkt. 22. Plaintiff

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has now moved to have the case remanded to state court, asserting for the first time that

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Defendants’ Notice of Removal was incorrect in asserting that he had raised a federal issue.

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See dkt. 33. The Court agrees, and therefore, as the Court ruled from the bench at the

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motion hearing, both GRANTS Plaintiff’s Motion and VACATES the earlier order (dkt.

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//

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IT IS SO ORDERED.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: May 9, 2011

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United States District Court
For the Northern District of California

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See Schur v. L.A. Weight Loss Ctrs., Inc., 577 F.3d 752, 768 (7th Cir. 2009) (remanding
with instructions to remand to state court, and vacating earlier orders, upon finding that district
court lacked jurisdiction).
G:\CRBALL\2010\5407\order re remand.wpd

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