Tangonan et al v. Wells Fargo Bank N.A et al
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).
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SONIA AND ELY TANGONAN,
For the Northern District of California
United States District Court
No. C 17-02707 WHA
WELLS FARGO BANK N.A.; WORLD
SAVINGS, FSB; BARRETT, DAFFIN,
FRAPPER, TREDER & WEISS, LLP; and
DOES 1 through 50, inclusive,
MOTION TO REMAND
AND STAYING ACTION
At oral argument, counsel for plaintiffs stated that the only reason plaintiffs joined
Barrett to this action was because it filed a notice of default. Barrett, the only non-diverse
party, was therefore fraudulently joined and diversity jurisdiction is proper. For the reasons
stated on the record, plaintiffs’ motion to remand is DENIED.
This action is HELD IN ABEYANCE, pending resolution of a parallel proceeding in
bankruptcy court, Tangonan v. Wells Fargo Bank, N.A., No. 17-03042 (Hannah L.
Blumenstiel). A case management conference is set for THURSDAY, SEPTEMBER, 14,
AT 11 A.M.
Please file a joint case management statement at least seven days in advance.
IT IS SO ORDERED.
Dated: July 17, 2017.
UNITED STATES DISTRICT JUDGE
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