Netzky et al v. Bank of America et al

Filing 27

ORDER Denying 8 Motion to Remand to State Court. Deadlines re: 4 and 20 Motions to Dismiss: Responses due by 4/1/2011. Signed by Judge Philip M. Pro on 3/17/11. (Copies have been distributed pursuant to the NEF - ASB)

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-LRL Netzky et al v. Bank of America et al Doc. 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DISTRICT OF NEVADA *** ) ) ) ) Plaintiffs, ) ) ) v. ) ) BANK OF AMERICA, et al., ) ) Defendant. ) ___________________________________ ) GERALD NETZKY and DIANNA NETZKY, UNITED STATES DISTRICT COURT 2:11-CV-00128-PMP-LRL ORDER Before the Court for consideration is Defendant Bank of America Home Loan Servicing LP's Motion to Dismiss, or in the Alternative Motion for Summary Judgment (Doc. #4) filed January 31, 2011. On February 14, 2011, Plaintiffs filed a Motion to Remand the Action to State Court and to "Dismiss" Defendant Bank of America's Motion to Dismiss (Docs. #8 & #9). On February 25, 2011, Defendant MTC Financial, Inc. filed a Motion to Dismiss Plaintiffs' Complaint (Doc. #20). The Court finds that Defendants have demonstrated that jurisdiction lies in this Court and that removal was appropriate based upon diversity of citizenship and a sum in controversy in excess of $75, 000.00. 28 U.S.C. 1332. Therefore, Plaintiffs' Motion to Remand must be denied. Plaintiffs have not in their filings substantively responded to the arguments in the pending Motions to Dismiss (Docs. #4 & #20). Notwithstanding Defendants' arguments that Plaintiffs should not be permitted additional time to do so, the Court will permit Plaintiffs to and including April 1, 2011 within which to file a substantive response to Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants' Motions to Dismiss (Doc. #4 & #20). IT IS SO ORDERED. IT IS FURTHER ORDERED that Plaintiffs' Motion to Remand (Doc. #8) is DENIED. DATED: March 17, 2011. PHILIP M. PRO United States District Judge 2

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