BankUnited v. Peters

Filing 16

ORDER re 3 MOTION to Remand filed by BankUnited. Signed by Judge Hamilton on 5/13/2011. (pjhlc1, COURT STAFF) (Filed on 5/13/2011) (Additional attachment(s) added on 5/13/2011: # 1 Certificate of Service) (nah, COURT STAFF).

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 5 BANK UNITED, 6 Plaintiff, 7 v. 8 ORDER DAMIAN PETERS, 9 No. C 11-1756 PJH Defendant. _______________________________/ 11 For the Northern District of California United States District Court 10 Defendant Damian Peters removed this unlawful detainer action from the Superior 12 Court of California, County of Sonoma, on April 8, 2011, alleging diversity jurisdiction. 13 Plaintiff BankUnited seeks an order remanding the case, arguing that defendant has not 14 met his burden of establishing subject matter jurisdiction. 15 In ruling on a motion to remand for lack of subject matter jurisdiction, the court looks 16 to the face of the complaint. See Toumajian v. Frailey, 135 F.3d 648, 653 n.2 (9th Cir. 17 1998); see also Harris v. Bankers Life and Cas. Co., 425 F.3d 689, 692-93 (9th Cir. 2005). 18 Here, however, while plaintiff makes certain representations in its motion regarding the 19 state court complaint, no copy of the complaint has been presented to the court. 20 Ordinarily, it is the responsibility of the defendant to attach a copy of the complaint to 21 the notice of removal. 28 U.S.C. § 1446(a). However, in view of defendant’s pro se status, 22 the court will require counsel for BankUnited to submit a declaration attaching a copy of the 23 complaint that initiated this action. Counsel shall file the declaration no later than May 18, 24 2011. 25 26 IT IS SO ORDERED. 27 Dated: May 13, 2011 28 ______________________________ PHYLLIS J. HAMILTON United States District Judge

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