UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
December 7, 2009
STANISLAUS FARM SUPPLY, PLAINTIFF,
MARK BRADY, DEFENDANTS.
MARK BRADY, CROSS-COMPLAINANT,
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.
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