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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1 2 3 4 UNITED STATES DISTRICT COURT 5 Northern District of California 6 7 BAC HOME LOANS SERVICING, LP, Plaintiff, 8 v. No. C 10-05674 MEJ ORDER VACATING ORDER TO SHOW CAUSE 9 DALJIT TUMBER and SONIKA TUMBER SECOND ORDER TO SHOW CAUSE 10 Defendants. _____________________________________/ 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 On April 29, 2011, the Court ordered Plaintiff to show cause why this case should not be 14 dismissed for failure to prosecute. Dkt. No. 5. Having received Plaintiff’s declaration in response, 15 the Court DISCHARGES the order to show cause. The Court notes that Plaintiff’s declaration 16 consists largely of legal argument regarding this Court’s jurisdiction over the case, and that 17 Defendants failed to notify it and the state court when they removed the case to this Court. 18 Accordingly, the Court ORDERS Defendants Daljit and Sonika Tumber to show cause why this case 19 should not be remanded to the Alameda County Superior Court. Defendants shall file a declaration 20 by June 2, 2011, and the Court shall conduct a hearing on June 16, 2011 at 10:00 a.m. in Courtroom 21 B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. As this is an unlawful detainer 22 action involving California state law, and there appears to be no diversity of citizenship, Defendants 23 must specifically show how this Court has jurisdiction over the matter. Generalized averments will 24 not suffice. 25 IT IS SO ORDERED. 26 27 28 Dated: May 13, 2011 _______________________________ Maria-Elena James Chief United States Magistrate Judge 1 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 BAC HOME LOANS SERVICING, LP, 5 Case Number: CV10-05674 MEJ Plaintiff, 6 CERTIFICATE OF SERVICE v. 7 DALJIT S. TUMBER et al, 8 Defendant. 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 / 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. 14 15 16 17 18 19 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 20 21 22 23 24 25 26 27 28 2

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