The Bank of New York Mellon FKA: v. Brewer et al

Filing 22

ORDER REMANDING ACTION TO THE SUPERIOR COURT FOR THE COUNTY OF SANTA CLARA (Illston, Susan) (Filed on 1/25/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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THE BANK OF NEW YORK MELLON FKA,

No. C 11-5373 SI

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Plaintiff,

ORDER REMANDING ACTION TO THE
SUPERIOR COURT FOR THE COUNTY
OF SANTA CLARA

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United States District Court
For the Northern District of California

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v.
DEANNE BREWER, et al.,
Defendants.

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On January 10, 2012, the Court issued an Order to Show Cause Why Case Should Not Be

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Remanded to State Court for Lack of Jurisdiction. Defendant Deanne Brewer has filed a response to
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the January 10, 2012 order, asserting that removal was proper based on diversity jurisdiction. However,
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as the January 10, 2012 order stated, an action is not removable on the basis of diversity of citizenship
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if the defendant is a citizen of the state in which the action was brought. See 28 U.S.C. § 1441(a), (b).
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Defendant’s response states that both defendants are California residents, and thus removal was
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improper.
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Accordingly, this case is REMANDED to the Superior Court for the County of Santa Clara.
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Plaintiffs’ motion to remand is DENIED AS MOOT. Docket No. 13.
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IT IS SO ORDERED.
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Dated: January 25, 2012
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SUSAN ILLSTON
United States District Judge