Federal National Mortgage Association v. Lopez
Filing
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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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