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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 US BANK NATIONAL ASSOCIATION, 11 For the Northern District of California United States District Court 10 12 13 Plaintiff, No. C 13-04416 JSW v. CAROLINA G BILBAENO, ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING ACTION Defendant. / 14 15 This matter comes before the Court upon consideration of the Report and 16 Recommendation issued by Magistrate Judge Jacqueline Scott Corley , in which she 17 recommends that the Court remand this action. The Court has considered the Report, finds it 18 well-reasoned and thorough, and adopts it in every respect. Defendant, as the party seeking 19 removal, bears the burden of demonstrating subject matter jurisdiction. Defendant was given an 20 opportunity to demonstrate the existence of subject matter jurisdiction, but has failed to do so. 21 According, the Court ADOPTS the Report and Recommendation and REMANDS this case to 22 Superior Court of the State of California for the County of San Mateo. The Clerk shall transfer 23 the file forthwith. 24 25 26 27 28 IT IS SO ORDERED. Dated: March 25, 2014 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 US BANK NATIONAL ASSO, 6 Plaintiff, 7 Case Number: CV13-04416 JSW CERTIFICATE OF SERVICE v. 8 CAROLINA G BILBAENO et al, 9 11 For the Northern District of California United States District Court Defendant. 10 ________________________________/ 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. 15 16 17 Carolina G. Bilbaeno 393 Barbara Lane 18 Daly City, CA 94015 19 20 21 22 23 24 25 26 27 28 Dated: March 25, 2014 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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