US Bank National Association v. Gonzalez

Filing 16

ORDER (1) CONTINUING the initial case management conference and (2) DIRECTING Plaintiff to file a motion to remand. The court CONTINUES the March 28, 2013 initial case management conference to June 13, 2013 at 10:30 a.m. in Courtroom C, 15th Floor, United States District Court, 450 Golden Gate Avenue, San Francisco, California, 94102. The court also DIRECTS Plaintiff to file and serve, in accordance with Civil Local Rule 7, a noticed motion to remand based on a lack of subject-matter jurisdict ion, if Plaintiff wants the court to address the issues it raises. Case Management Statement due by 6/6/2013. Initial Case Management Conference set for 6/13/2013 10:30 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 3/27/2013. (lblc2, COURT STAFF) (Filed on 3/27/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division

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For the Northern District of California

UNITED STATES DISTRICT COURT

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US BANK NATIONAL ASSOCIATION AS
TRUSTEE FOR WAMU MORTGAGE PASS
THROUGH CERTIFICATE FOR WMALT
SERIES SERIES 2006-AR1 TRUST,

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Plaintiff,
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No. C 12-04991 LB
ORDER (1) CONTINUING THE
INITIAL CASE MANAGEMENT
CONFERENCE AND (2) DIRECTING
PLAINTIFF TO FILE A MOTION TO
REMAND

v.
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LUCILA MEDINA-GONZALEZ,
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Defendant.
_____________________________________/
Defendant removed this unlawful detainer action from state court to this court on September 25,

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2012. Notice of Removal, ECF No. 1.1 Since then, Defendant has done nothing. See generally

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Docket. Plaintiff filed a “Memorandum of Points and Authorities re: Notice of Removal after Entry

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of Default Does Not Stay Unlawful Detainer Proceedings or Lock-Out” on January 11, 2013, but it

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was not accompanied by a noticed motion to remand the action to state court. Memorandum, ECF

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No. 11. In light of the circumstances, the court CONTINUES the March 28, 2013 initial case

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The court notes that it appears this action (or one involving the same or similar parties) was
removed to federal court once before. See U.S. Bank National Association as Trustee for Wamu
Mortgage Pass Through Certificate for WMALT Series 2006-AR1 Trust v. Medina-Gonzales, et al.,
No. C12-01138 SI (N.D. Cal.). Judge Illston remanded that action back to state court after
Defendants failed to respond to an order to show cause why the case should not be remanded for
lack of subject-matter jurisdiction.
C 12-04991 LB
ORDER

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management conference to June 13, 2013 at 10:30 a.m. in Courtroom C, 15th Floor, United States

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District Court, 450 Golden Gate Avenue, San Francisco, California, 94102. The court also

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DIRECTS Plaintiff to file and serve, in accordance with Civil Local Rule 7, a noticed motion to

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remand based on a lack of subject-matter jurisdiction, if Plaintiff wants the court to address the

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issues it raises.

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IT IS SO ORDERED.
Dated: March 27, 2013
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C 12-04991 LB
ORDER

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