Louden, LLC v. Martin et al

Filing 12


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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 9 United States District Court For the Northern District of California 10 No. C 12-05070 SI LOUDEN LLC, ORDER REMANDING ACTION TO CONTRA COSTA COUNTY SUPERIOR COURT Plaintiff, v. GARY MILANO, BILL MARTIN and MARY MARTIN, Defendants. 11 / 12 Currently before the Court is plaintiff’s third motion to remand, ex parte application for an order 13 shortening time to hear same, and the application of defendants Bill and Mary Martin to proceed in 14 forma pauperis. 15 This is the third time this unlawful detainer action (Case No. PS 12-0800, Contra Costa County 16 Superior Court) has been removed from state court.1 It was previously remanded for lack of federal 17 jurisdiction by Judge Seeborg (No. C 12-4548 RS) and Judge Armstrong (No. C 12-5972 SBA). This 18 is the same complaint and it still lacks federal jurisdiction. 19 Accordingly, this action is REMANDED to the Superior Court for Contra Costa County. All 20 pending motions are DENIED as moot. 21 IT IS SO ORDERED. 22 23 Dated: March 14, 2013 24 SUSAN ILLSTON United States District Judge 25 26 1 27 28 The underlying complaint for unlawful detainer named Gary Milano and Bill Martin as defendants. This removal was filed by Bill Martin and Mary Martin only. Were removal otherwise proper, which it is not, it would be rendered improper by defendants’ failure to join all defendants in removal. Further, defendants neglected to file a copy of the unlawful detainer complaint with their notice of removal.

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