Tangonan et al v. Wells Fargo Bank N.A et al

Filing 27

ORDER DENYING MOTION TO REMAND AND STAYING ACTION by Judge William Alsup [denying 19 Motion to Remand]. Case Management Statement due by 9/7/2017. Case Management Conference set for 9/14/2017 11:00 AM in Courtroom 8, 19th Floor, San Francisco. (whasec, COURT STAFF) (Filed on 7/17/2017) (Additional attachment(s) added on 7/17/2017: # 1 Certificate/Proof of Service) (dl, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SONIA AND ELY TANGONAN,

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For the Northern District of California

United States District Court

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Plaintiffs,

No. C 17-02707 WHA

v.

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WELLS FARGO BANK N.A.; WORLD
SAVINGS, FSB; BARRETT, DAFFIN,
FRAPPER, TREDER & WEISS, LLP; and
DOES 1 through 50, inclusive,

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Defendants.

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ORDER DENYING
MOTION TO REMAND
AND STAYING ACTION

/

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At oral argument, counsel for plaintiffs stated that the only reason plaintiffs joined

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Barrett to this action was because it filed a notice of default. Barrett, the only non-diverse

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party, was therefore fraudulently joined and diversity jurisdiction is proper. For the reasons

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stated on the record, plaintiffs’ motion to remand is DENIED.

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This action is HELD IN ABEYANCE, pending resolution of a parallel proceeding in

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bankruptcy court, Tangonan v. Wells Fargo Bank, N.A., No. 17-03042 (Hannah L.

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Blumenstiel). A case management conference is set for THURSDAY, SEPTEMBER, 14,

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AT 11 A.M.

Please file a joint case management statement at least seven days in advance.

IT IS SO ORDERED.

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Dated: July 17, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE