Brockington v. J.P. Morgan Chase Bank N.A. et al

Filing 59

ORDER Continuing Hearing and Directing Further Briefing re 34 MOTION to Remand. Signed by Judge Whyte on 7/8/09; hearing continued to 7/31/09 at 9:00. (rmwlc3, COURT STAFF) (Filed on 7/8/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. J.P. MORGAN CHASE BANK, N.A., a National Banking Association, NDEX WEST, LLC, a Texas Limited Liability Company, and DOES 1 to 20, inclusive, Defendants. Plaintiffs' motion to remand is presently calendared for hearing on July 17, 2009. On July 1, 2009, however, the court granted defendant's motion to dismiss the first amended complaint and granted twenty days leave to amend, a deadline that falls after the noticed hearing date for the motion to remand. Accordingly, on its own motion, the court hereby continues the hearing on the motion to remand to July 31, 2009 at 9:00. Although the briefing on the motion has closed with the filing of plaintiff's reply brief on July 2, 2009, the court observes that the parties have not addressed whether the court has diversity jurisdiction over this matter pursuant to 28 U.S.C. §1332. Accordingly, the parties are each requested to submit a supplemental brief, no more than three pages, addressing whether the court
ORDER CONTINUING HEARING ON PLAINTIFFS' MOTION TO REMAND--No. C-08-05795 RMW TER

E-FILED on 7/8/09

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

KIMBERLY A. BROCKINGTON, also known as KIMBERLY A. SCHATZ, and LALLY BROCKINGTON, Plaintiffs,

No. C-08-05795 RMW

ORDER CONTINUING HEARING ON PLAINTIFFS' MOTION TO REMAND [Re Docket No. 29]

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

has diversity jurisdiction and, if so, how that basis for jurisdiction impacts the motion to remand. Plaintiff's brief shall be filed no later than July 22, 2009 and defendant's brief shall be filed no later than July 27, 2009.

DATED:

7/8/09

RONALD M. WHYTE United States District Judge

ORDER CONTINUING HEARING ON PLAINTIFFS' MOTION TO REMAND--No. C-08-05795 RMW TER 2

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Notice of this document has been electronically sent to: Counsel for Plaintiffs: John Stuart Perkins Counsel for Defendants: John M. Sorich S. Christopher Yoo jsorich@adornocom c [e-mail] j [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program.

Dated:

7/8 /09

TER Chambers of Judge Whyte

ORDER CONTINUING HEARING ON PLAINTIFFS' MOTION TO REMAND--No. C-08-05795 RMW TER 3