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Venegas v. IndyMack Bank

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 29, 2009

ARMANDO R. VENEGAS, PLAINTIFF,
v.
INDYMACK BANK, WASHINGTON MUTUAL, CHASE BANK DOES 1 THROUGH 5, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: John A. Mendez Judge, United States District Court

JUDGE: John A. Mendez

ORDER DENYING PLAINTIFF'S MOTION TO REMAND AND MOTION TO VACATE DISMISSAL Action Filed: December 9, 2008

The hearing on the Motion to Remand and Motion to Vacate Dismissal of plaintiff Armando Venegas ("Plaintiff") was held before this Court on April 22, 2009 in courtroom 6 of the aboveentitled Court. S. Christopher Yoo, Esq. of Adorno, Yoss, Alvarado & Smith, a professional corporation, appeared for defendant JPMorgan Chase Bank, N.A. ("JPMorgan"), for itself and as acquirer of certain assets and liabilities of Washington Mutual Bank ("WaMu"). Plaintiff appeared in pro per. Marlene M. Moffitt, Esq. appeared for the Federal Deposit Insurance Corporation (the "FDIC"), as receiver and conservator of defendant IndyMac Bank, F.S.B. ("IndyMac").

Having considered the Motion to Remand and Motion to Vacate Dismissal, and all related pleadings, any opposition thereto, and the arguments of counsel and Plaintiff, and good cause appearing,

IT IS HEREBY ORDERED THAT:

1. The Motion to Remand is denied because JPMorgan properly and timely removed this matter to the federal court; and

2. The Motion to Vacate Dismissal is also denied, because there is no valid reason set forth to set aside the previous judgment of dismissal in favor of JPMorgan.

20090429

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