BAC Home Loans Servicing LP v. Tumber et al

Filing 8

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 6/16/2011 10:00 AM. Show Cause Response due by 6/2/2011.. Signed by Judge Maria-Elena James on 5/13/2011. (cdnS, COURT STAFF) (Filed on 5/13/2011)

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UNITED STATES DISTRICT COURT

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Northern District of California

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BAC HOME LOANS SERVICING, LP,
Plaintiff,

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v.

No. C 10-05674 MEJ
ORDER VACATING ORDER TO
SHOW CAUSE

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DALJIT TUMBER and SONIKA TUMBER

SECOND ORDER TO SHOW CAUSE

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Defendants.
_____________________________________/

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For the Northern District of California

UNITED STATES DISTRICT COURT

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On April 29, 2011, the Court ordered Plaintiff to show cause why this case should not be

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dismissed for failure to prosecute. Dkt. No. 5. Having received Plaintiff’s declaration in response,

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the Court DISCHARGES the order to show cause. The Court notes that Plaintiff’s declaration

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consists largely of legal argument regarding this Court’s jurisdiction over the case, and that

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Defendants failed to notify it and the state court when they removed the case to this Court.

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Accordingly, the Court ORDERS Defendants Daljit and Sonika Tumber to show cause why this case

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should not be remanded to the Alameda County Superior Court. Defendants shall file a declaration

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by June 2, 2011, and the Court shall conduct a hearing on June 16, 2011 at 10:00 a.m. in Courtroom

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B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. As this is an unlawful detainer

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action involving California state law, and there appears to be no diversity of citizenship, Defendants

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must specifically show how this Court has jurisdiction over the matter. Generalized averments will

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not suffice.

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IT IS SO ORDERED.

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Dated: May 13, 2011
_______________________________
Maria-Elena James
Chief United States Magistrate Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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BAC HOME LOANS SERVICING, LP,
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Case Number: CV10-05674 MEJ
Plaintiff,

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CERTIFICATE OF SERVICE
v.

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DALJIT S. TUMBER et al,
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Defendant.
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For the Northern District of California

UNITED STATES DISTRICT COURT

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/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on May 13, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Daljit S. Tumber
Sonika K. Tumber
3141 Atwal Court
Hayward, CA 94541
Dated: May 13, 2011
Richard W. Wieking, Clerk
By: Brenda Tolbert, Deputy Clerk

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