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Kristina Lacap v. Ocwen Loan Servicing LLC et al

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 14, 2011

KRISTINA LACAP
v.
OCWEN LOAN SERVICING LLC ET AL

CIVIL MINUTES - GENERAL

Present: The Honorable GARY ALLEN FEESS

Renee Fisher None N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

None None

Proceedings: (In Chambers)

ORDER REMANDING CASE

On October 28, 2010, Plaintiff Kristina Lacap ("Plaintiff") brought this suit in San Bernardino County Superior Court against Defendants Ocwen Loan Servicing, LLC ("Ocwen"), Deutsche Bank National Trust Company, and Does 1-100 (collectively, "Defendants"). (Not. of Removal, Ex. 1 [Compl.].) On December 16, 2010, Ocwen removed this action to this Court under 28 U.S.C. § 1441(a) on the ground that Plaintiff purportedly asserts a claim arising under federal law. (Not. ¶ 7.) On January 21, 2011, this Court issued an Order to Show Cause ordering Ocwen to show cause why this case should not be remanded to state court for lack of subject matter jurisdiction. (Docket No. 8, 1/21/11 Order.) The Court's order directed Ocwen to file its response by no later than February 4, 2011, and advised that a failure to file a timely response would be deemed consent to an order remanding the case to state court. (Id. at 2.)

To date, Ocwen has not filed a response to the Court's Order to Show Cause. The Court therefore REMANDS this case to state court for lack of subject matter jurisdiction.

IT IS SO ORDERED.

20110214

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