Paradise v. Fay Servicing, LLC et al

Filing 14

ORDER TO SHOW CAUSE THAT ALL DEFENDANTS CONSENT TO REMOVAL. Re: Dkt. No. 1 . Responses due by 8/1/2016. Signed by Judge Nathanael Cousins on 7/26/2016. (lmh, COURT STAFF) (Filed on 7/26/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL PARADISE,
Plaintiff,

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United States District Court
Northern District of California

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v.
FAY SERVICING, LLC, et al.,
Defendants.

Case No. 16-cv-04049 NC
ORDER TO SHOW CAUSE THAT
ALL DEFENDANTS CONSENT TO
REMOVAL
Re: Dkt. No. 1

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In this wrongful foreclosure action, plaintiff Michael Paradise has named Fay

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Servicing, LLC, U.S. Bank, N.A., Flagstar Bank, FSB, and Does 1 through 50 as

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defendants. Dkt. No. 1-2 at 5. Paradise brought suit in California court, and defendant

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Flagstar removed the action to federal court. Dkt. No. 1 at 1.

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However, 28 U.S.C. § 1446(b)(2)(A) requires that when a civil action is removed,

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“all defendants who have been properly joined and served must join in or consent to the

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removal of the action.” Here, Flagstar removed the case alone, and its attached declaration

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does not indicate whether all properly joined and served defendants consent to removal.

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All defendants who have been properly served must respond to this order with a

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declaration stating that they either consent to or oppose Flagstar’s removal from state

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court, or the case will be remanded. They must do so by August 1, 2016.

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IT IS SO ORDERED.

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Dated: July 26, 2016

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Case No. 16-cv-04049 NC

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NATHANAEL M. COUSINS
United States Magistrate Judge