Federal National Mortgage Association v. Bean et al

Filing 6

ORDER directing compliance with this District's Civil Local Rules with respect to the noticing of Plaintiff's motion to remand. See order for details. Signed by Judge Laurel Beeler on 6/12/2012. (lblc2, COURT STAFF) (Filed on 6/12/2012)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

Northern District of California

10

San Francisco
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

Plaintiff,
13
v.
14

No. C 12-02357 LB
ORDER DIRECTING COMPLIANCE
WITH THIS DISTRICT’S CIVIL
LOCAL RULES WITH RESPECT TO
THE NOTICING OF PLAINTIFF’S
MOTION TO REMAND

JIMMY G. BEAN, et al.,
15
16
17

[Re: ECF No. 4]
Defendants.
_____________________________________/
On March 6, 2012, Plaintiff Federal National Mortgage Association filed an unlawful detainer

18

complaint against Defendants Clara Evans, Jimmy G. Bean and David Navarette in state court.

19

Notice of Removal, ECF No. 1. Ms. Evans removed the case to federal court on May 10, 2012. Id.1

20

Now, Plaintiff moves to remand the action. Motion to Remand, ECF No. 4. Plaintiff filed its

21

motion on June 7, 2012, but noticed it for hearing before the undersigned on Thursday, July 5, 2012.

22

Id. at 1.

23

This District’s Civil Local Rule 7-2(a) requires that the noticed hearing date for all motions take

24

place not less than 35 days after the service of the motion, except as otherwise ordered or permitted

25

by the assigned Judge or the Local Rules. N.D. Cal. Civ. L.R. 7-2(a).

26

Plaintiff’s selected hearing date does not comply with this District’s Civil Local Rules. The

27
28

1

Mr. Bean and Mr. Navarette failed to appear in the action and their default was entered.
Notice of Removal, ECF No. 1 at 1. Because only Ms. Evans appeared, only she removed the case.
C 12-02357 LB
ORDER

1

selected hearing date falls 28 days after the service of the motion, less than the 35 days required by

2

Civil Local Rule 7-2(a).

3

Plaintiff is directed to re-notice their motion in accordance with Civil Local Rule 7-2. In

4

addition, all parties are directed to review this District’s Civil Local Rules and comply with them for

5

all future filings and proceedings.

6
7

IT IS SO ORDERED.
Dated: June 12, 2012
_______________________________
LAUREL BEELER
United States Magistrate Judge

8
9
10

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

C 12-02357 LB
ORDER

2