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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 11-03603 CRB

GENARO Q.PAED, at al.,

ORDER REMANDING CASE

Plaintiffs,
v.
BANK OF AMERICA, et al.,
Defendants.

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Plaintiffs Genaro Paed and Corazon Paed brought suit in state court in December

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2010. See Notice of Removal (dkt. 1) at 2. In June 2011, they amended their complaint,

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adding federal causes of action. Id. Defendants timely removed the case to this Court on the

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basis of federal question jurisdiction. Id. at 2-3. Defendants promptly moved to dismiss,

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see Mot. (dkt. 4), but the hearing on that motion was postponed twice to accommodate

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Plaintiffs, see, e.g., dkt. 25, 37.

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On the night before the motion hearing, Plaintiffs filed a second amended Complaint.

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See dkt. 38. Plaintiffs did so without leave of the Court, in violation of Federal Rule of Civil

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Procedure 15. Nonetheless, at the motion hearing, at which Plaintiffs and their counsel failed

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to appear, the Court held that it would review the second amended complaint. The Court

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explained that if the second amended complaint did not correct the statute of limitations

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concerns the Court had with Plaintiffs’ prior complaint, the Court would dismiss it; if it did

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correct the statute of limitations concerns the Court had with Plaintiffs’ prior complaint,

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Defendants would be directed to file a new motion to dismiss. See Minutes (dkt. 39).

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The Court has now reviewed the second amended complaint, and finds that it no

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longer contains any federal claims. See generally Compl. (dkt. 38). Accordingly, the Court

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adopts the second amended complaint as the operative complaint, and REMANDS the case

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to the Superior Court of the State of California, County of San Mateo.

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IT IS SO ORDERED.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: December 19, 2011

United States District Court
For the Northern District of California

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G:\CRBALL\2011\3603\order remanding.wpd

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