Federal National Mortgage Association v. Walker

Filing 8

ORDER. Signed by Judge Richard Seeborg on 12/15/11. (cl, COURT STAFF) (Filed on 12/15/2011)

*E-Filed 12/15/11*

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

No. C 11-05419 RS

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For the Northern District of California

United States District Court

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Plaintiff,

ORDER

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v.
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CYNTHIA WALKER,
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Defendant.
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This action was filed as an unlawful detainer proceeding in Contra Costa Superior Court.

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Defendant removed, contending that removal jurisdiction exists on the basis of diversity of

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citizenship. Even assuming, however, that defendant’s contentions as to the parties’ respective

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citizenships and the amount in controversy are supportable, defendants are citizens of California.

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The removal therefore contravenes the provision of 28 U.S.C. § 1441(b) that precludes removal

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where any defendant is a citizen of the state in which the action was brought (the “no local

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defendant rule”). Removal in violation of the no local defendant rule, however, is a waivable defect,

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which, absent objection by the plaintiff, does not preclude the federal court from exercising

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jurisdiction. Accordingly, in the event plaintiff does not intend to waive the no local defendant rule,

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it shall promptly file a motion for remand of this action.

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IT IS SO ORDERED.
NO. C
ORDER

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Dated: 12/15/11
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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NO. C
ORDER

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