Federal National Mortgage Association v. Lopez

Filing 14

ORDER by Judge Edward M. Chen Granting 2 Defendant's Motion for Leave to Proceed In Forma Pauperis; and Granting 4 Plaintiff's Motion to Remand. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 9/2/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

No. C-11-3550 EMC

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Plaintiff,
v.
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For the Northern District of California

United States District Court

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ORDER GRANTING DEFENDANT’S
APPLICATION TO PROCEED IN
FORMA PAUPERIS; AND GRANTING
PLAINTIFF’S MOTION FOR REMAND

CARLOS LOPEZ,
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(Docket Nos. 2, 4)
Defendant.
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Based on the ex parte request of Plaintiff, and good cause appearing therefore, it is hereby
ORDERED THAT:
(1)

Defendant Lopez’s application to proceed in forma pauperis is GRANTED, as he

meets the economic eligibility requirement. See 28 U.S.C. § 1915(a).
(2)

Plaintiff’s ex parte application for remand is GRANTED and this action is hereby

REMANDED to the Superior Court.
(3)

The Court determines that Defendant Lopez’s notice of removal was in bad faith

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because this is Defendant’s third attempt to remove the same action from State Court. This Court

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has previously remanded the same action and warned Mr. Lopez that “should he again seek to

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remove the same state court action, this Court will not hesitate in imposing sanctions.” See Federal

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National Mortgage Ass’n v. Lopez, No. 11-2349 EMC, Docket No. 6, at 3. Accordingly, pursuant to

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28 U.S.C. § 1447(c), the Court requires Mr. Lopez to pay Wells Fargo’s “just costs and any actual

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expenses, including attorney fees, incurred as a result of the removal.” Plaintiff is instructed to file

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an affidavit with this Court detailing any just costs and actual expenses no later than September 16,

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2011.

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(4)

The Clerk of the Court is instructed not to accept any further notices of removal from

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Mr. Lopez in this action, case number FCM116680, Superior Court of the State of California,

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County of Solano.

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This order disposes of Docket Nos. 2 and 4.

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IT IS SO ORDERED.

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Dated: September 2, 2011

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For the Northern District of California

United States District Court

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_________________________
EDWARD M. CHEN
United States District Judge

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