Summerfield et al v. Strategic Lending Corporation et al

Filing 140

ORDER by Magistrate Judge Howard R. Lloyd denying 138 Motion to Remand (hrllc1, COURT STAFF) (Filed on 10/29/2013)

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*E-Filed: October 29, 2013*

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

NOT FOR CITATION

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United States District Court

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SAN JOSE DIVISION

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ED SUMMERFIELD, ET AL.,

No. C09-02609 HRL

Plaintiffs,

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ORDER DENYING PLAINTIFFS’
MOTION FOR REMAND TO STATE
COURT

v.
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STRATEGIC LENDING CORP., ET AL.,
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[Re: Docket No. 138]
Defendants.
____________________________________/

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Following the Court’s order denying plaintiffs’ motion for default judgment and closing the

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file, plaintiffs move for remand to state court. However, contrary to plaintiffs’ assertion, this action

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did not originate in state court and was not removed to federal court. See Dkt. 1, Ex. 1. “Since there

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was no removal from state court there can be no remand to that court.” Julianites Against

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Shakedown Tactics v. Tejjr, No. 05-CV-2353, 2007 WL 3490253, at *4 (S.D. Cal. May 1, 2007)

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(quoting Int’l Carrier-Call & Television Corp. v. Radio Corp. of Am., 50 F. Supp. 759, 759

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(S.D.N.Y. 1943)). Accordingly, plaintiffs’ motion for remand is denied.

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IT IS SO ORDERED.
Dated: October 29, 2013
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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C09-02609 HRL Notice will be electronically mailed to:

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Ismael D. Perez

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Jonathan Harold Miller

[e-mail]

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Russell Alan Robinson

[e-mail], [e-mail]

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Vincent J. Kilduff

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C09-02609 HRL Notice will be mailed to:

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Ed, Arthur, and Rita Summerfield
779 Steuben Dr.
Sunnyvale, CA 94087

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[e-mail]

[e-mail]

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

For the Northern District of California

United States District Court

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