Pretscher-Johnson v. Aurora Bank FSB et al

Filing 15

ORDER RE QUALITY LOAN SERVICE CORP. CONSENT OR DECLINATION re 3 Notice (Other), filed by Quality Loan Service Corp. Signed by Judge Paul S. Grewal on March 14, 2013. (psglc2, COURT STAFF) (Filed on 3/14/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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MARIANNE PRETSCHER-JOHNSON,
Plaintiff,

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v.
AURORA BANK FSB, et al,

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Defendants.

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Case No.: 12-cv-5817 PSG
ORDER RE: QUALITY LOAN
SERVICE CORP.’S CONSENT OR
DECLINATION TO MAGISTRATE
JURISDICTION

On December 4, 2012, Defendant Quality Loan Service Corp. (“Quality”) filed a
“Declaration of Non-Monetary Status” pursuant to California Civil Code Section 2924l and has
indicated to the court that it will not participate further in this action. 1 “Section 2924l sets forth a

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type of pleading available to state court litigants who are trustees under deeds of trust.” 2 Fed. R.

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Civ. P. 7(a) and 12, however, govern pleadings in federal court. 3 “Accordingly, Rule 7 and Rule

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12, not [Section} 2924l, provide the proper procedural mechanisms in federal court.” 4 Because

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Quality cannot rely on Section 2924l in this court, it is not excused from participation in this suit.

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See Docket No. 3.

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MB Financial Bank, N.A. v. Trek Equipment Corp., Case No. 12-cv-4973 NC, 2012 WL 6217650,
at *2 (N.D. Cal. Dec. 13, 2012).

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3

See id.

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Id.
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Case No.: 12-5817 PSG
ORDER

Defendants Aurora Bank, FSB, Aurora Loan Services, Mortgage Electronic Recording

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Systems, and Nationstar Mortgage LLC have filed a motion to dismiss Plaintiff Marianne

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Pretscher-Johnson’s complaint. 5 The hearing for that motion is scheduled for March 19, 2013.

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Those defendants and Pretscher-Johnson have consented to this court’s jurisdiction; Quality has

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not. Quality shall file its consent or declination to this court’s jurisdiction no later than 5:00 p.m.

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on Friday, March 15, 2012.

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IT IS SO ORDERED.
Dated: March 14, 2013

_________________________________
PAUL S. GREWAL
United States Magistrate Judge

United States District Court
For the Northern District of California

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See Docket No. 10.
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Case No.: 12-5817 PSG
ORDER