Deutsche Bank National Trust Company v. Lynch

Filing 10

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE REMANDED: Defendant's show cause in writing is due 12/12/11. Vacating 12/2/11 hearing. (Illston, Susan) (Filed on 11/30/2011) Modified on 11/30/2011 (ysS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DEUTSCHE BANK NATIONAL
COMPANY, as Trustee,

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Plaintiff,

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United States District Court
For the Northern District of California

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TRUST

No. C 11-05038 SI
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE REMANDED

v.
DOREEN LYNCH,
Defendant.

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On June 6, 2011, plaintiff Deutsche Bank National Trust Company filed an unlawful detainer

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action against defendant Doreen Lynch in Alameda County Superior Court. According to plaintiff, trial

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was scheduled in the Superior Court on October 13, 2011. On October 12, 2011, defendant filed a

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Notice of Removal of the case to this Court pursuant to 28 U.S.C. § 1331 and § 1446, claiming federal

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question jurisdiction. On October 20, 2011, plaintiff filed the instant motion to remand this case to state

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court, arguing that the defendant has failed to establish federal question jurisdiction. Pursuant to Civil

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Local Rule 7-3(a), defendant’s opposition was due by November 3, 2011. A hearing is scheduled for

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this matter on December 2, 2011.

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Defendant has neither filed an opposition nor contacted the Court in any way. Defendant is

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hereby ORDERED TO SHOW CAUSE in writing to be filed no later than December 12, 2011,

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why this case should not be remanded to state court. See 28 U.S.C. § 1447(c). Defendant is notified

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that an inadequate or untimely response will result in remand. The December 2, 2011 hearing is hereby

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VACATED, and will be rescheduled if necessary.

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IT IS SO ORDERED.

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Dated: November 30, 2011
SUSAN ILLSTON
United States District Judge