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Nagra v. Lopez

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 14, 2009

JAGDEV NAGRA, JASBIR NAGRA, AND ALL GOOD PALLETS, INC., PLAINTIFFS,
v.
FRANK PACO LOPEZ; GUADALUPE LOPEZ; DESIDERO LOPEZ; OFFICE OF THE SAN JOAQUIN COUNTY TREASURER/TAX COLLECTOR; WOODBRIDGE IRRIGATION DISTRICT; OFFICE OF THE STATE OF CALIFORNIA CONTROLLER; MERRILL HAMBRIGHT; SUPERVISING CHILD SUPPORT ATTORNEY DEPARTMENT OF CHILD SERVICES; OFFICE OF THE COLLECTOR COUNTY OF SAN JOAQUIN; JOHN D. PHILLIPS; DISTRICT ATTORNEY FAMILY SUPPORT DIVISION; UNIFUND CCR PARTNERS, A NEW YORK PARTNERSHIP; STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT BENEFIT OVERPAYMENT COLLECTION; SANTA CLARA COUNTY FAMILY SUPPORT TRUSTEE; COUNTY OF SAN JOAQUIN; WOODBRIDGE CANAL AND IRRIGATION COMPANY; ALL OTHER PERSONS UNKNOWN CLAIMING ANY RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE REAL PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO THE PLAINTIFF'S OWNERSHIP OR ANY CLOUD ON PLAINTIFF'S TITLE THERETO; AND DOES 1 THROUGH 25, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER*fn1

On August 13, 2009 the United States, sued as the "Internal Revenue Service" and "District Director of Internal Revenue Service Technical Services Advisory Group Manager," ("the federal defendants"), removed this case. On September 21, 2009 the federal defendants filed a motion to dismiss Plaintiffs' complaint against them and a suggestion that after dismissal, this case should be remanded to state court.

On October 7, 2009 Plaintiffs filed a notice of voluntary dismissal of the federal defendants under Federal Rule of Civil Procedure 41(a), and also requested this Court remand this case to state court following dismissal of the federal defendants. Since the federal defendants have been dismissed, this case is remanded to the Superior Court of California, San Joaquin County, from which it was removed.


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