LOREDO v. DRIVE FINANCIAL et al

Filing 5

MEMORANDUM OPINION. Signed by Judge Mary L. Cooper on 12/6/07. (ij, )

LOREDO v. DRIVE FINANCIAL et al

Doc. 5

Case 3:07-cv-05673-MLC-TJB

Document 5

Filed 12/07/2007

Page 1 of 1

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY DANIEL LOREDO, Plaintiff, v. DRIVE FINANCIAL, et al., Defendants. : : : : : : : : : : : CIVIL ACTION NO. 07-5673 (MLC) MEMORANDUM OPINION

THE COURT having ordered the removing party -- the defendant Drive Financial ("DFN") -- to show cause why the action should not be remanded to state court (1) for lack of jurisdiction under 28 U.S.C. § ("Section") 1331 and the Magnuson-Moss Warranty Improvement Act ("MMWIA"), 15 U.S.C. §§ 2301-2312, and (2) as being removed in a defective manner under Sections 1446 and 1447 (dkt. entry no. 2); and DFN in response (1) "withdraw[ing] its Notice of Removal", and (2) advising the Court that "[c]ounsel for Plaintiff and [DFN] have conferred and consent and agree to the remand of this matter to [state court]" (dkt. entry no. 4, 12-5-07 DFN Counsel Letter); and the Court determining that the order to show cause should be resolved before the return date; and thus the Court intending to (1) grant the order to show cause, and (2) remand the action to state court; and for good cause appearing, the Court will issue an appropriate order and judgment. s/ Mary L. Cooper MARY L. COOPER United States District Judge Dated: December 6, 2007

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