Wilmington Savings Fund Society, FSB v. Duzan et al

Filing 25

ORDER granting 19 Plaintiff's Motion to Remand to the Pierce County Superior Court; signed by Judge Ronald B. Leighton.(DN)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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WILMINGTON SAVINGS FUND
SOCIETY, FSB,

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Plaintiff,

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v.

CASE NO. C16-5721-RBL
ORDER GRANTING MOTION TO
REMAND
[Dkt. #19]

BRENDA J DUZAN,

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Defendant.

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THIS MATTER is before the Court on Plaintiffs’ Motion to Remand [Dkt. #19]. The
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case involves a residential mortgage loan and its default. Plaintiffs sued Brenda Duzan, the
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borrower, in Pierce County Superior Court, seeking foreclosure. Duzan was served December
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30, 2014. She removed the case 595 days later, on August 17, 2016.
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Plaintiffs seek remand, arguing the removal is untimely and that Duzan cannot meet her
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burden of establishing that this court has subject matter jurisdiction over the case. They seek fees
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and costs. Duzan denies that she did or had to comply with the statutory removal requirements;
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she claims instead that the Civil Rights Act of 1866 gives her an “unconditional” right to
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remove.
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ORDER GRANTING MOTION TO REMAND - 1

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A party has 30 days after receiving the initial pleading or summons to remove the action

2 to federal court. 28 U.S.C. § 1446(b). The removal statute is strictly construed against removal
3 jurisdiction. Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). The Court must reject
4 removal jurisdiction if there is “any doubt” as to the right of removal. Id. The strong
5 presumption against removal places the burden on the party seeking removal to establish that
6 removal is proper. Id.
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This is a burden that Duzan cannot meet. Her removal was untimely and the Plaintiffs’

8 complaint did not raise a federal question. The Motion is GRANTED and this case is
9 REMANDED to Pierce County Superior Court. The Plaintiffs’ request for fees and costs is
10 DENIED.
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IT IS SO ORDERED.

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Dated this 2nd day of November, 2016.

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A

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Ronald B. Leighton
United States District Judge

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[DKT. #19] - 2