Onyeukwu v. Fremont Investment & Loan et al

Filing 15

ORDER REMANDING CASE to the Contra Costa County Superior Court. ***Civil Case Terminated. Signed by Judge Saundra Brown Armstrong, on 10/6/09. (lrc, COURT STAFF) (Filed on 10/7/2009) Modified on 10/8/2009 (jlm, COURT STAFF).

1 2 3 4 5 6 STELLA ONYEUKU, an individual, 7 8 vs. Plaintiff, Case No: C 09-2428 SBA ORDER GRANTING MOTION TO REMAND Docket 9 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

9 FREMONT INVESTMENT & LOAN, et al., 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: October 6, 2009 Defendants.

Plaintiff commenced the instant action in Contra Costa County Superior Court against various defendants, including Litton Loans Servicing LP and Wells Fargo Bank N.A. (collectively "Wells Fargo"). Without the joinder of the other defendants, Wells Fargo removed the action to this Court on the basis of diversity jurisdiction. Subsequently, Wells Fargo learned that at least one of the other defendants is a California corporation, thus destroying diversity. Wells Fargo now moves to remand the action to state court. The motion is unopposed. Accordingly, IT IS HEREBY ORDERED THAT Wells Fargo's unopposed motion to remand is GRANTED. The instant action is REMANDED to Contra County Superior Court. The Clerk shall close the file. IT IS SO ORDERED.

____________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA STELLA ONYEUKWU, Plaintiff, v. FREMONT INVESTMENT et al, Defendant. / Case Number: CV09-02428 SBA CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 7, 2009, 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 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.

Stella Onyeukwu 28 Glen Canyon Court Pittsburg, CA 94565 Dated: October 7, 2009 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk