JP Morgan Chase Bank, N.A. v. Lopez et al

Filing 5

ORDER. Signed by Judge Kandis A. Westmore on September 10, 2013. (kawlc2, COURT STAFF) (Filed on 9/10/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JP MORGAN CHASE BANK, N.A.,

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Plaintiff,

Case No.: 4:13-cv-3490 KAW
ORDER OF REMAND

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Northern District of California

United States District Court

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v.
TERESA LOPEZ, et al.,
Defendants.

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Defendants Theresa Lopez and David Garcia removed this unlawful detainer action from
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Stanislaus County Superior Court on July 29, 2013. They are proceeding pro se.
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The notice of removal states that this court has diversity jurisdiction over this case. District
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courts have jurisdiction in civil actions where there is complete diversity of citizenship among the
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parties and the amount in controversy exceeds $75,000, exclusive of interest and costs. 28 U.S.C. §
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1332(a). Here, the complaint alleges that the amount in controversy does not exceed $10,000.
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On August 6, 2013, this court ordered Defendants to show cause why the case should not be
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remanded to Stanislaus County Superior Court for lack of federal jurisdiction. Defendants were given
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14 days to respond to the court's order. Defendants have not done so.
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In the order to show cause, the court also granted Defendant Garcia's application to proceed in
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forma pauperis. The court also ordered that Defendant Lopez, who had not filed an application to
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proceed in forma pauperis, pay the filling fee or file such an application within 14 days of the order.
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Defendant Lopez has not done so.
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Good cause appearing, the court hereby orders that this case be remanded to Stanislaus County
Superior Court.
IT IS SO ORDERED.

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DATE: September 10, 2013

___________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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Northern District of California

United States District Court

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