The Bank of New York Mellon v. Tobarelli et al

Filing 4

ORDER REMANDING TO THE SPOKANE COUNTY SUPERIOR COURT. This case is hereby REMANDED to the Spokane County Superior Court for all further proceedings (former Spokane County Superior Court No. 16-2-00437-1). File is CLOSED. Signed by Judge Thomas O. Rice. (TNC, Case Administrator) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Jan 07, 2025
SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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THE BANK OF NEW YORK
MELLON, F/K/A THE BANK OF
NEW YORK, AS SUCCESSOR-ININTEREST TO JPMORGAN CHASE
BANK, N.A., AS TRUSTEE FOR
STRUCTURED ASSET MORTGAGE
INVESTMENTS II INC., BEAR
STEARNS ALT-A TRUST,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES
2005-10,

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NO: 2:24-CV-0407-TOR
ORDER REMANDING TO THE
SPOKANE COUNTY SUPERIOR
COURT

Plaintiff,
v.
SUSAN M. TOMBARELLI;
OCCUPANTS OF THE SUBJECT
REAL PROPERTY; and ALL OTHER
UNKNOWN PERSONS CLAIMING
ANY RIGHT, TITLE, ESTATE,
LIEN, OR INTEREST IN THE REAL
ESTATE DESCRIBED IN THE
COMPLAINT HEREIN,
Defendants.

ORDER REMANDING TO THE SPOKANE COUNTY SUPERIOR COURT ~ 1

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BEFORE THE COURT is Plaintiff’s Motion to Remand to State Court.

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ECF No. 3. Defendant Susan M. Tombarelli has not responded, timely or

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otherwise.

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This action concerns real property located in Liberty Lake, Washington.

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The case began in state court on February 2, 2016. This is Defendant’s second

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attempt to remove the case to federal court. However, a removal action must be

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filed within 30 days after receipt of a copy of the initial pleading. See 28 U.S.C.

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§ 1446(b)(1). Here, this second attempt at removal is untimely.

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ACCORDINGLY, IT IS HEREBY ORDERED:

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1. This case is hereby REMANDED to the Spokane County Superior Court

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for all further proceedings (former Spokane County Superior Court No.

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16-2-00437-1).

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2. The District Court Executive is hereby directed to enter this Order, furnish

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copies to counsel and Ms. Tombarelli, mail a certified copy to the Clerk of

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the Spokane County Superior Court, and CLOSE the file.

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DATED January 7, 2025.

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THOMAS O. RICE
United States District Judge

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ORDER REMANDING TO THE SPOKANE COUNTY SUPERIOR COURT ~ 2