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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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BANK UNITED,

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Plaintiff,

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v.

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ORDER

DAMIAN PETERS,

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No. C 11-1756 PJH

Defendant.
_______________________________/

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For the Northern District of California

United States District Court

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Defendant Damian Peters removed this unlawful detainer action from the Superior

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Court of California, County of Sonoma, on April 8, 2011, alleging diversity jurisdiction.

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Plaintiff BankUnited seeks an order remanding the case, arguing that defendant has not

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met his burden of establishing subject matter jurisdiction.

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In ruling on a motion to remand for lack of subject matter jurisdiction, the court looks

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to the face of the complaint. See Toumajian v. Frailey, 135 F.3d 648, 653 n.2 (9th Cir.

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1998); see also Harris v. Bankers Life and Cas. Co., 425 F.3d 689, 692-93 (9th Cir. 2005).

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Here, however, while plaintiff makes certain representations in its motion regarding the

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state court complaint, no copy of the complaint has been presented to the court.

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Ordinarily, it is the responsibility of the defendant to attach a copy of the complaint to

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the notice of removal. 28 U.S.C. § 1446(a). However, in view of defendant’s pro se status,

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the court will require counsel for BankUnited to submit a declaration attaching a copy of the

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complaint that initiated this action. Counsel shall file the declaration no later than May 18,

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2011.

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IT IS SO ORDERED.

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Dated: May 13, 2011

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______________________________
PHYLLIS J. HAMILTON
United States District Judge