Olson v. GMAC Mortgage, LLC et al

Filing 12

ORDER: Denying as Moot 5 Motion to Dismiss; Denying as Moot 8 Motion for Leave to File a Second Amended Complaint; Denying as Moot 9 Motion to Remand to State Court; and Granting 11 Joint Motion to Remand to State Court. The Court grants the parties Joint Motion and Remands this case to the Superior Court of the State of California, County of San Diego. Each party shall bear its own fees and costs in connection with this removal. The Clerk of Court is instructed to terminate the case file. Signed by Judge Michael M. Anello on 7/21/2011. (Certifed Copy sent to State Court)(All non-registered users served via U.S. Mail Service)(leh) (mam).

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CARI OLSON,

CASE NO. 11 CV 1326 MMA (WMC)

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Plaintiff,
vs.

ORDER GRANTING JOINT MOTION
TO REMAND

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[Doc. No. 11]
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DENYING DEFENDANT’S MOTION
TO DISMISS AS MOOT;

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[Doc. No. 5]

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DENYING PLAINTIFF’S MOTION
FOR LEAVE TO FILE A SECOND
AMENDED COMPLAINT AS MOOT;

GMAC MORTGAGE, LLC and DOES 1
through 10, Inclusive,
Defendant.

[Doc. No. 8]
DENYING PLAINTIFF’S MOTION TO
REMAND AS MOOT

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[Doc. No. 9]
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Defendant GMAC Mortgage, LLC removed this matter from the Superior Court of the State

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of California, County of San Diego and promptly thereafter filed a Motion to Dismiss Plaintiff Cari

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Olson’s complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6).

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[Doc. No. 5]. In response, Plaintiff filed a motion for leave to file a second amended complaint and

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a motion to remand to state court. [Doc. Nos. 8, 9.] On July 21, 2011, while the three
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11cv1326

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aforementioned motions were pending, the parties filed a Joint Motion to remand this matter to state

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court.

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Upon due consideration, and good cause appearing, the Court GRANTS the parties’ Joint

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Motion and REMANDS this case to the Superior Court of the State of California, County of San

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Diego (case number 37-2009-00060848-CU-OR-NC). Each party shall bear its own fees and costs

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in connection with this removal.

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IT IS FURTHER ORDERED that Defendant’s motion to dismiss the complaint [Doc. No.

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5], Plaintiff’s motion for leave to file a second amended complaint [Doc. No. 8], and Plaintiff’s

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motion to remand [Doc. No. 9], are DENIED AS MOOT. The Clerk of Court is instructed to

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terminate the case file.
IT IS SO ORDERED.

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DATED: July 21, 2011
Hon. Michael M. Anello
United States District Judge

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11cv1326