Whidbey Island Bank v. Dunes Motel, Inc.
Filing
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ORDER to Remand Case by Judge Benjamin H Settle. (TG; cc mailed to defendant and interested party)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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8 WHIDBEY ISLAND BANK, a banking
corporation,
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Plaintiff,
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v.
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DUNES MOTEL, INC., a Washington
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CASE NO. C12-5747 BHS
ORDER REMANDING CASE
Defendant.
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This matter comes before the Court on Defendants’ notice of removal (Dkt. 1).
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On August 2, 2012, Plaintiff filed a petition for appointment of custodial receiver
17 in the Kitsap County Superior Court for the State of Washington. Dkt. 1–5. Plaintiff
18 alleges that Defendant is in default of a Deed of Trust and requests that the state court
19 appoint a receiver to take possession of Defendant pursuant to RCW 7.60.015. Id.
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If at any time before final judgment it appears that the district court lacks subject
21 matter jurisdiction, the case shall be remanded. 28 U.S.C. § 1447(c).
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ORDER - 1
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The Court does not have jurisdiction over this receivership action. There is no
2 federal subject matter jurisdiction because the action is brought pursuant to a state statute.
3 There is no diversity jurisdiction because both parties are citizens of Washington.
4 Therefore, the Court REMANDS this action to state court.
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IT IS SO ORDERED.
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Dated this 24th day of August, 2012.
A
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BENJAMIN H. SETTLE
United States District Judge
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ORDER - 2
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