Johnson v. Bank of America Home Loans et al
Filing
26
ORDER: Denying Motion to Remand Case to State Court 24 ; Granting 7 , 9 Motions to Dismiss for Failure to State a Claim, the claims against Routh Crabtree and Olsen and Oregon Legal Journal are dismissed w/ prejudice; Denying request for fees. Ordered & Signed on 10/4/12 by Judge Owen M. Panner. (kf)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
BONNIE RENEE JOHNSON,
Plaintiff,
3:12-CV-868-PA
ORDER
v.
BANK OF AMERICA HOME LOANS,
et al,
Defendants.
PANNER, J.
Pro se plaintiff Bonnie Johnson filed a complaint in state
court challenging the non-judicial foreclosure sale of her home.
Johnson alleges defendants failed to follow the procedures set
forth in the Oregon Trust Deed Act. Defendants removed the case
and two defendants, Routh Crabtree and Olsen and Oregon Legal
Journal move to dismiss for failure to state a claim.
The moving defendants had nothing to do with the nonjudicial foreclosure sale at issue. Routh Crabtree is a law firm
who represented the purchaser of the home in a detainer action.
1
- ORDER
Oregon Legal Journal was, at most, the paper in which the parties
conducting the non-judicial foreclosure sale placed notice of the
sale. It is clear that the complaint fails to state a claim
against either of the moving defendants.
The motions to dismiss [##7 & 9] are GRANTED. The claims
against Routh Crabtree and Olsen and Oregon Legal Journal are
dismissed with prejudice. The request for fees is DENIED.
Additionally, plaintiff's motion to remand [# 24] is DENIED.
Plaintiff makes no legal argument in support of her motion, only
stating she believes she has a right to have her claims heard in
state court. Any motion to remand, however, must have been
brought within 30 days of removal. See 28 U.S.C.
ยง
1447(c).
Plaintiff does not argue this court lacks subject matter
jurisdiction. Because plaintiff's motion to remand carne much
later than 30 days following removal, the motion is DENIED.
IT IS SO ORDERED.
DATED this
~
day of October, 2012.
O~#(~--OWEN M. PANNER
U.S. DISTRICT JUDGE
2
- ORDER
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