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Rubio v. Wausau Mortgage Corp.

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


October 16, 2009

CARLOS RUBIO, AN INDIVIDUAL; AND MARTA RUBIO, AN INDIVIDUAL, PLAINTIFFS,
v.
WAUSAU MORTGAGE CORPORATION, A CALIFORNIA CORPORATION; GREENPOINT MORTGAGE, INC., A CORPORATION; BROOKSAMERICA MORTGAGE CORPORATION, A CALIFORNIA CORPORATION; MORTGAGE-IT, INC., A CORPORATION; AURORA LOAN SERVICES, A CORPORATION; INDYMAC FEDERAL BANK; WELLS FARGO BANK, FSB; WASHINGTON MUTUAL; AND DOES 1-50, DEFENDANTS.

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

ORDER*fn1

On September 17, 2009 Plaintiffs filed a motion for remand of this case to the state court from which it was removed, since the federal claims that were the basis of removal have been dismissed. 28 U.S.C. § 1447(c) prescribes: "If at any time before final judgment it appears that the court lacks subject matter jurisdiction, the case shall be remanded." Therefore, this case is remanded to the Superior Court of California, County of Solano, from which it was removed.


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