Gross Mortgage Corporation v. Al-Mansur

Filing 7

ORDER REMANDING CASE.. Signed by Judge Maria-Elena James on 8/27/2012. (cdnS, COURT STAFF) (Filed on 8/27/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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GROSS MORTGAGE CORPORATION,
Plaintiff,

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No. C 12-4335 MEJ
ORDER REMANDING CASE

v.
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SABIR AL-MANSUR,
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Defendant.
_____________________________________/

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For the Northern District of California

UNITED STATES DISTRICT COURT

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On August 17, 2012, Defendant Sabir Al-Mansur filed a Notice of Removal from Alameda

14 County Superior Court. However, Defendant subsequently filed a “Notice of Voluntary Dismissal.”
15 Dkt. No. 6. As there is no authority by which a defendant can dismiss a case without the plaintiff’s
16 consent, the Court shall construe Defendant’s notice as a request for leave to withdraw the notice of
17 removal. Good cause appearing, the Court GRANTS Defendant’s request and REMANDS this case
18 to the Alameda County Superior Court.
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IT IS SO ORDERED.

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21 Dated: August 27, 2012
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_______________________________
Maria-Elena James
Chief United States Magistrate Judge

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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GROSS MORTGAGE,

Case Number: CV12-04335 MEJ

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Plaintiff,
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CERTIFICATE OF SERVICE
v.

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SABIR AL-MANSUR et al,
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Defendant.
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/

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For the Northern District of California

UNITED STATES DISTRICT COURT

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
10 Court, Northern District of California.
11 That on August 27, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
12 envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located
in the Clerk's office.
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14 Sabir Al-Mansur
2419 Market Street
15 Oakland, CA 94607
16 Dated: August 27, 2012
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Richard W. Wieking, Clerk
By: Rose Maher, Deputy Clerk

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