Whidbey Island Bank v. Dunes Motel, Inc.

Filing 2

ORDER to Remand Case by Judge Benjamin H Settle. (TG; cc mailed to defendant and interested party)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 WHIDBEY ISLAND BANK, a banking corporation, 9 Plaintiff, 10 v. 11 DUNES MOTEL, INC., a Washington 12 corporation, 13 CASE NO. C12-5747 BHS ORDER REMANDING CASE Defendant. 14 15 This matter comes before the Court on Defendants’ notice of removal (Dkt. 1). 16 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. 20 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). 22 ORDER - 1 1 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. 5 IT IS SO ORDERED. 6 Dated this 24th day of August, 2012. A 7 8 BENJAMIN H. SETTLE United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 2

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