US Bank National Association v. Bilbaeno

Filing 12

ORDER ADOPTING 8 REPORT AND RECOMMENDATIONS AND REMANDING ACTION. Signed by Judge Jeffrey S. White on 3/25/14. (jjoS, COURT STAFF) (Filed on 3/25/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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US BANK NATIONAL ASSOCIATION,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 13-04416 JSW

v.
CAROLINA G BILBAENO,

ORDER ADOPTING REPORT
AND RECOMMENDATION AND
REMANDING ACTION

Defendant.
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This matter comes before the Court upon consideration of the Report and

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Recommendation issued by Magistrate Judge Jacqueline Scott Corley , in which she

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recommends that the Court remand this action. The Court has considered the Report, finds it

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well-reasoned and thorough, and adopts it in every respect. Defendant, as the party seeking

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removal, bears the burden of demonstrating subject matter jurisdiction. Defendant was given an

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opportunity to demonstrate the existence of subject matter jurisdiction, but has failed to do so.

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According, the Court ADOPTS the Report and Recommendation and REMANDS this case to

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Superior Court of the State of California for the County of San Mateo. The Clerk shall transfer

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the file forthwith.

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IT IS SO ORDERED.
Dated: March 25, 2014
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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US BANK NATIONAL ASSO,
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Plaintiff,
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Case Number: CV13-04416 JSW
CERTIFICATE OF SERVICE

v.
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CAROLINA G BILBAENO et al,
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For the Northern District of California

United States District Court

Defendant.
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on March 25, 2014, 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
14 listed, by depositing said 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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17 Carolina G. Bilbaeno
393 Barbara Lane
18 Daly City, CA 94015
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Dated: March 25, 2014
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk