Paed et al v. Countrywide Bank NA et al

Filing 40

ORDER REMANDING CASE. Signed by Judge Charles R. Breyer on 12/19/2011. (crblc1, COURT STAFF) (Filed on 12/19/2011)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 12 13 14 15 No. C 11-03603 CRB GENARO Q.PAED, at al., ORDER REMANDING CASE Plaintiffs, v. BANK OF AMERICA, et al., Defendants. / 16 17 Plaintiffs Genaro Paed and Corazon Paed brought suit in state court in December 18 2010. See Notice of Removal (dkt. 1) at 2. In June 2011, they amended their complaint, 19 adding federal causes of action. Id. Defendants timely removed the case to this Court on the 20 basis of federal question jurisdiction. Id. at 2-3. Defendants promptly moved to dismiss, 21 see Mot. (dkt. 4), but the hearing on that motion was postponed twice to accommodate 22 Plaintiffs, see, e.g., dkt. 25, 37. 23 On the night before the motion hearing, Plaintiffs filed a second amended Complaint. 24 See dkt. 38. Plaintiffs did so without leave of the Court, in violation of Federal Rule of Civil 25 Procedure 15. Nonetheless, at the motion hearing, at which Plaintiffs and their counsel failed 26 to appear, the Court held that it would review the second amended complaint. The Court 27 explained that if the second amended complaint did not correct the statute of limitations 28 concerns the Court had with Plaintiffs’ prior complaint, the Court would dismiss it; if it did 1 correct the statute of limitations concerns the Court had with Plaintiffs’ prior complaint, 2 Defendants would be directed to file a new motion to dismiss. See Minutes (dkt. 39). 3 The Court has now reviewed the second amended complaint, and finds that it no 4 longer contains any federal claims. See generally Compl. (dkt. 38). Accordingly, the Court 5 adopts the second amended complaint as the operative complaint, and REMANDS the case 6 to the Superior Court of the State of California, County of San Mateo. 7 IT IS SO ORDERED. 8 9 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE Dated: December 19, 2011 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\CRBALL\2011\3603\order remanding.wpd 2

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