Montgomery v. National City Mortgage et al

Filing 25

ORDER FOR SUPPLEMENTAL BRIEFING re 12 Amended MOTION to Dismiss Complaint and Each Claim Therein; Memorandum of Points and Authorities In Support filed by PNC Bank, N.A., 16 MOTION to Remand filed by Larry Montgomery. Signed by Judge Edward M. Chen on 5/1/12. (bpf, COURT STAFF) (Filed on 5/1/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LARRY MONTGOMERY,

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Plaintiff,

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v.

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For the Northern District of California

United States District Court

No. C-12-1359 EMC

NATIONAL CITY MORTGAGE, et al.,

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ORDER RE SUPPLEMENTAL
BRIEFING AND/OR EVIDENCE

Defendants.
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(Docket No. 16)
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Plaintiff has moved to remand the instant case, arguing, inter alia, that abstention is

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appropriate pursuant to Chapman v. Deutsche Bank, 651 F.3d 1039 (9th Cir. 2011). In Chapman,

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the Ninth Circuit reaffirmed the prior exclusive jurisdiction doctrine -- i.e., “‘[w]here concurrent

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proceedings in state and federal court are both suits in rem or quasi in rem, the court first assuming

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jurisdiction over the property may maintain and exercise that jurisdiction to the exclusion of the

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other.’” Id. at 1041. In his motion, Plaintiff suggests that a state superior court first assumed

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jurisdiction over the real property at issue. To assess this argument, however, the Court needs to

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know when exactly the state court unlawful detainer action was filed. Accordingly, the Court orders

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Plaintiff to file a declaration certifying when the unlawful detainer action was filed. Plaintiff should

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also attach a copy of the unlawful detainer complaint to his declaration. The filing shall be made

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within three days of the date of this order.

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IT IS SO ORDERED.

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Dated: May 1, 2012

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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