Blucher et al v. Piccolo et al

Filing 11

ORDER granting #8 Plaintiff's Motion to Remand to State Court pursuant to 28 USC 1447. The Court awards Plaintiffs' attorney's fees and costs in the amount of $1650.00. Signed by Judge Thomas J. Whelan on 10/5/2010. cc: San Diego County Superior Court (tkl) (jcj).

-BLM Blucher et al v. Piccolo et al

Doc. 11

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 On May 14, 2010, Plaintiffs filed their complaint in California Superior Court for 19 damages resulting from the sale of securities in violation of California Corporations 20 Code § 25501.5 and rescission. On August 5, 2010, Defendants removed this case to 21 this Court based upon diversity jurisdiction. (Doc. 1.) 22 Now pending before the Court is Plaintiffs' motion to remand this case to San 23 Diego Superior Court. (Doc. 8.) Plaintiffs argue that removal was untimely, that 24 Defendants failed to obtain consent of all defendants for removal, and that the Court 25 should award attorney's fees and costs. In response to Plaintiffs' motion, Defendants 26 filed a notice of non-opposition. (Doc. 10.) 27 In light of Defendants' non-opposition to Plaintiffs' motion, and having read the 28 moving papers and good cause appearing, the Court GRANTS the motion. (Doc. 8.) -110-CV-1638 W

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA JOANNA FOLEY BLUCHER, et al., v. JAMES PICCOLO, et al., Defendants. Plaintiffs, CASE NO. 10-CV-1638 W (BLM) ORDER GRANTING PLAINTIFFS' MOTION TO REMAND CASE TO STATE COURT PURSUANT TO 28 U.S.C. § 1447 [DOC. 8]

Dockets.Justia.com

1 This case is hereby REMANDED to San Diego County Superior Court pursuant to 28 2 U.S.C. § 1447. Further, Plaintiffs' request for attorney's fees and costs is supported by 3 an itemized statement and as such the Court AWARDS Plaintiffs' attorney's fees and 4 costs in the amount of $1650.00. 5 6 7 8 DATED: October 5, 2010 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -210-CV-1638 W

IT IS SO ORDERED.

Hon. Thomas J. Whelan United States District Judge