Cardinale v. Miller et al

Filing 3

ORDER TRANSFERRING CASE. Signed by Judge Lucy H. Koh on 10/9/2012. (lhklc2, COURT STAFF) (Filed on 10/9/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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NOREEN CARDINALE,

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Plaintiff,
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v.
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DANIEL R. MILLER JR.; PATRICE MILLER; )
DANIEL R. MILLER SR.; PASHLIN INC.;
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DERALD R. KENOYER; KEITH CHARLES )
KNAPP; HOME LOAN SERVICES
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CORPORATION dba CALIFORNIA HOME
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LOANS; and DOES 1 through 100, inclusive, )
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Defendants.
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)

Case No.: 12-05078-LHK
ORDER TRANSFERRING CASE

On September 28, 2012, Defendant Keith Charles Knapp (“Knapp”) filed a Notice of

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Removal from Contra Costa County Superior Court. ECF No. 1. However, 28 U.S.C. § 1446(a)

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requires that a defendant “desiring to remove any civil action from a State court shall file in the

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district court of the United States for the district and division within which such action is pending a

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notice of removal. . . .” (emphasis added). As explained in Civil Local Rule 3-2(d), Contra Costa

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County corresponds to the Oakland division of the Northern District of California, not the San Jose

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division. Knapp argues in his notice of removal that because the Plan at issue in this lawsuit is

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housed in and administered from San Jose, the action is properly removed here. While it may be

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that the action could properly have been filed in this division as an original matter, 28 U.S.C. §

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1446(a) clearly requires that removal be to the division within which the existing state court action
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Case No.: 12-CV-05078-LHK
ORDER TRANSFERRING CASE

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is pending. Accordingly, removal from Contra Costa County Superior Court to the San Jose

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division is improper. The Court hereby orders this case TRANSFERRED to the Oakland division.

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IT IS SO ORDERED.

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Dated: October 9, 2012

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_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 12-CV-05078-LHK
ORDER TRANSFERRING CASE