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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 FEDERAL NATIONAL MORTGAGE ASSOCIATION, No. C-11-3550 EMC 9 Plaintiff, v. 11 For the Northern District of California United States District Court 10 ORDER GRANTING DEFENDANT’S APPLICATION TO PROCEED IN FORMA PAUPERIS; AND GRANTING PLAINTIFF’S MOTION FOR REMAND CARLOS LOPEZ, 12 13 (Docket Nos. 2, 4) Defendant. ___________________________________/ 14 15 16 17 18 19 20 21 22 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 23 because this is Defendant’s third attempt to remove the same action from State Court. This Court 24 has previously remanded the same action and warned Mr. Lopez that “should he again seek to 25 remove the same state court action, this Court will not hesitate in imposing sanctions.” See Federal 26 National Mortgage Ass’n v. Lopez, No. 11-2349 EMC, Docket No. 6, at 3. Accordingly, pursuant to 27 28 U.S.C. § 1447(c), the Court requires Mr. Lopez to pay Wells Fargo’s “just costs and any actual 28 expenses, including attorney fees, incurred as a result of the removal.” Plaintiff is instructed to file 1 an affidavit with this Court detailing any just costs and actual expenses no later than September 16, 2 2011. 3 (4) The Clerk of the Court is instructed not to accept any further notices of removal from 4 Mr. Lopez in this action, case number FCM116680, Superior Court of the State of California, 5 County of Solano. 6 This order disposes of Docket Nos. 2 and 4. 7 8 IT IS SO ORDERED. 9 Dated: September 2, 2011 11 For the Northern District of California United States District Court 10 _________________________ EDWARD M. CHEN United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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