Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Stanislaus Farm Supply v. Brady

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 7, 2009

STANISLAUS FARM SUPPLY, PLAINTIFF,
v.
MARK BRADY, DEFENDANTS.
MARK BRADY, CROSS-COMPLAINANT,
v.
STANISLAUS FARM SUPPLY, CROSS-DEFENDANT.

The opinion of the court was delivered by: Hon. Oliver W. Wanger United States District Judge

ORDER REMANDING ACTION TO STATE COURT

Removal Filed: August 12, 2009

On August 12, 2009, Plaintiff and Cross-Defendant STANISLAUS FARM SUPPLY ("SFS") filed a Notice of Removal from the Superior Court of California, Stanislaus County to the U.S. District Court for the Eastern District of California. (Doc. 1) In an order dated November 5, 2009, Plaintiff Stanislaus Farm Supply ("SFS"), the removing party, was ordered to show cause, in writing, by November 12, 2009, why this case should not be remanded to the state court for lack of jurisdiction. (Doc. 12)

On November 17, 2009, SFS filed a statement of non-opposition to the order to show cause in which SFS states that it is "not challenging" the order. (Doc. 13) On the same date, Defendant Mark Brady ("Brady"), pro se, filed a written submission entitled "Opposition To Plaintiff's Order To Show Cause." (Doc. 15) Despite the title of his submission, Brady raises no objection to a remand of the case and "concludes that the court's ruling to VACATE stands." (Id.)

For the reasons stated in the November 5, 2009 order, subject matter jurisdiction is lacking and this case is remanded to the Superior Court of California, Stanislaus County, Case No. 640302.

The Initial Scheduling Conference set for January 6, 2010, is VACATED.

IT IS SO ORDERED.

20091207

© 1992-2009 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.