OneWest Bank, FSB v. Cohen et al

Filing 16

ORDER by Judge Saundra Brown Armstrong DENYING 15 Ex Parte Motion to Remand Without Prejudice. Signed by Judge Saundra Brown Armstrong, on 08/31/11 (lrc, COURT STAFF) (Filed on 8/31/2011) Modified on 9/1/2011 (jlm, COURT STAFF).

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Earl R. Wallace, Esq. (State Bar Number 174247)
RUZICKA & WALLACE, LLP
16520 Bake Parkway, Suite 280
Irvine, CA 92618
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff, ONEWEST BANK, FSB AS PURCHASER OF CERTAIN ASSETS OF
FIRST FEDERAL BANK OF CALIFORNIA FROM THE FEDERAL DEPOSIT INSURANCE
CORPORATION, ACTING AS RECEIVER

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

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ONEWEST BANK, FSB AS PURCHASER OF
CERTAIN ASSETS OF FIRST FEDERAL
BANK OF CALIFORNIA FROM THE FEDERAL
DEPOSIT INSURANCE CORPORATION,
ACTING AS RECEIVER,

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Plaintiff,
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vs.
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MICHAEL D. COHEN, HOWARD FULTZ, )
TONY PEREZ, MARIA PEREZ; and DOES 1 to )
20, inclusive,
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Defendants.
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_____________________________________ )

Case No.: 4:11-CV-03533-SBA
State Case No.: 10UD9041
ORDER
JUDICIAL OFFICER: HON.
BROWN ARMSTRONG

SANDRA

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On August 25, 2011, Plaintiff filed an ex parte motion to remand this action. The Court

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finds that Defendants should be given an opportunity to respond to Plaintiff’s motion.

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Accordingly,

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IT IS HEREBY ORDERED THAT Plaintiff’s ex parte motion to remand is DENIED without

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prejudice. Plaintiff shall file by no later than ten (10) days from the date of this order Plaintiff’s

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motion to remand, which Plaintiff shall notice for the next available hearing date.

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Dated: _8/31/11___
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_______________________________________________
UNITED STATES DISTRICT JUDGE

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REMAND ORDER

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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ONEWEST BANK,
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Case Number: CV11-03533 SBA
Plaintiff,

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CERTIFICATE OF SERVICE
v.

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TONY PEREZ et al,
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Defendant.
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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 August 31, 2011, 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.

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Maria Perez
4492 Hartvickson Lane
Valley Springs, CA 95252
Tony Perez
4492 Hartvickson Lane
Valley Springs, CA 95252
Dated: August 31, 2011
Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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REMAND ORDER