Essex Emeryville Owner, L.P. v. Scott

Filing 6

ORDER REMANDING ACTION. Signed by Judge Alsup on 2/15/17. (whalc1, COURT STAFF) (Filed on 2/15/2017)

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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 ESSEX EMERYVILLE OWNER, L.P., 11 For the Northern District of California United States District Court 10 Plaintiff, 12 13 No. C 17-00121 WHA v. MELINDA SCOTT, 14 ORDER REMANDING ACTION Defendant. / 15 16 On January 19, 2017, defendant Melinda Scott was ordered to show cause, in writing, 17 why this unlawful detainer case should not be remanded for lack of subject-matter jurisdiction 18 by February 9. As of February 15, 2017, defendant Scott has filed no response. This order 19 joins the multitude of decisions of district courts in our circuit holding that the Protecting 20 Tenants at Foreclosure Act of 2009 does not confer federal subject-matter jurisdiction and 21 hereby REMANDS the case. Defendant’s application to proceed in forma pauperis is DENIED AS 22 MOOT. The Clerk shall please CLOSE THE FILE. 23 24 IT IS SO ORDERED. 25 26 27 28 Dated: February 15, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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