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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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 SONIA AND ELY TANGONAN, 11 For the Northern District of California United States District Court 10 12 Plaintiffs, No. C 17-02707 WHA v. 14 WELLS FARGO BANK N.A.; WORLD SAVINGS, FSB; BARRETT, DAFFIN, FRAPPER, TREDER & WEISS, LLP; and DOES 1 through 50, inclusive, 15 Defendants. 13 ORDER DENYING MOTION TO REMAND AND STAYING ACTION / 16 17 At oral argument, counsel for plaintiffs stated that the only reason plaintiffs joined 18 Barrett to this action was because it filed a notice of default. Barrett, the only non-diverse 19 party, was therefore fraudulently joined and diversity jurisdiction is proper. For the reasons 20 stated on the record, plaintiffs’ motion to remand is DENIED. 21 This action is HELD IN ABEYANCE, pending resolution of a parallel proceeding in 22 bankruptcy court, Tangonan v. Wells Fargo Bank, N.A., No. 17-03042 (Hannah L. 23 Blumenstiel). A case management conference is set for THURSDAY, SEPTEMBER, 14, 24 25 AT 11 A.M. Please file a joint case management statement at least seven days in advance. IT IS SO ORDERED. 26 27 28 Dated: July 17, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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