Deutsche Bank National Trust Company, As Trustee for Harborview Mortgage Loan Trust Mortgage Pass Through Certificates, Series 2007-7 v. Cutlip et al
Filing
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ORDER ADOPTING 8 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE COUSINS AND REMANDING ACTION TO THE SANTA CLARA SUPERIOR COURT. Signed by Judge Beth Labson Freeman on 8/30/2016. (blflc2S, COURT STAFF) (Filed on 8/30/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR
HARBORVIEW MORTGAGE LOAN
TRUST MORTGAGE PASS THROUGH
CERTIFICATES, SERIES 2007-7,
Plaintiff,
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United States District Court
Northern District of California
v.
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Case No. 16-cv-03612-BLF
ORDER ADOPTING REPORT AND
RECOMMENDATION OF
MAGISTRATE JUDGE COUSINS AND
REMANDING ACTION TO THE
SANTA CLARA SUPERIOR COURT
WILLIAM CUTLIP, et al.,
Defendants.
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On August 17, 2016, Defendant William Cutlip filed an objection to the Report and
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Recommendation (“R&R”) of Magistrate Judge Nathanel M. Cousins remanding this unlawful
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detainer action and denying Defendant’s motion to proceed in forma pauperis. See ECF 8, 11.
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The Court has reviewed and thoroughly considered Judge Cousins’ R&R and the arguments in
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Cutlip’s objection. Finding the R&R correct, well-reasoned, and thorough, the Court adopts it in
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every respect.
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Defendant, as the party seeking removal, bears the burden of demonstrating subject matter
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jurisdiction. In his objection to Judge Cousins’ R&R, Cutlip raises several objections based on
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affirmative defenses or counterclaims that he may allege under federal law. ECF 11. However,
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“[f]ederal jurisdiction cannot be predicated on an actual or anticipated defense . . . [n]or can
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federal jurisdiction rest upon an actual or anticipated counterclaim.” Vaden v. Discover Bank, 556
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U.S. 49, 60 (2009) (internal citations omitted). Therefore, this Court does not have federal
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question jurisdiction.
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Accordingly, the Court DENIES Cutlip’s motion to proceed in forma pauperis and the
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above-titled unlawful detainer action is REMANDED to Santa Clara Superior Court.
IT IS SO ORDERED.
Dated: August 30, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge
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United States District Court
Northern District of California
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