The Bank of New York Mellon FKA: v. Brewer et al
ORDER REMANDING ACTION TO THE SUPERIOR COURT FOR THE COUNTY OF SANTA CLARA (Illston, Susan) (Filed on 1/25/2012)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
THE BANK OF NEW YORK MELLON FKA,
No. C 11-5373 SI
ORDER REMANDING ACTION TO THE
SUPERIOR COURT FOR THE COUNTY
OF SANTA CLARA
United States District Court
For the Northern District of California
DEANNE BREWER, et al.,
On January 10, 2012, the Court issued an Order to Show Cause Why Case Should Not Be
Remanded to State Court for Lack of Jurisdiction. Defendant Deanne Brewer has filed a response to
the January 10, 2012 order, asserting that removal was proper based on diversity jurisdiction. However,
as the January 10, 2012 order stated, an action is not removable on the basis of diversity of citizenship
if the defendant is a citizen of the state in which the action was brought. See 28 U.S.C. § 1441(a), (b).
Defendant’s response states that both defendants are California residents, and thus removal was
Accordingly, this case is REMANDED to the Superior Court for the County of Santa Clara.
Plaintiffs’ motion to remand is DENIED AS MOOT. Docket No. 13.
IT IS SO ORDERED.
Dated: January 25, 2012
United States District Judge
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