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Michael Rourke v. Countrywide Bank

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


May 13, 2011

MICHAEL ROURKE, PLAINTIFF,
v.
COUNTRYWIDE BANK, F.S.B., A BUSINESS ENTITY, FORM UNKNOWN; FIRST AMERICAN TITLE COMPANY, A BUSINESS ENTITY, FORM UNKNOWN; RECONTRUST COMPANY, N.A., A BUSINESS ENTITY, FORM UNKNOWN, A WHOLLY OWNED SUBSIDIARY OF BANK OF AMERICA, N.A.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., A BUSINESS ENTITY, FORM UNKNOWN; BAC HOME LOANS SERVICING, LP, A BUSINESS ENTITY, FORM UNKNOWN; COUNTRYWIDE HOME LOANS, INC., A BUSINESS ENTITY, FORM UNKNOWN; CWALT, INC., A BUSINESS ENTITY, FORM UNKNOWN; THE BANK OF NEW YORK, AS TRUSTEE FOR ALT LOAN TRUST 2007-OA11, A BUSINESS ENTITY, FORM UNKNOWN; AND DOES 1-100 INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Manuel L. Real

MICHAEL R.PICK JR.,ESQ.,#234700 mpick@mckiernanlaw.com JAMES MCKIERNAN LAWYERS 21 Santa Rosa Street, Suite 300 San Luis Obispo, CA 93405 (805) 541-5411 - (805) 544-8329 - FAX Attorneys for Plaintiff, MICHAEL ROURKE

ORDER GRANTING PLAINTIFF'S MOTION FOR REMAND Date: May 2, 2011 Time: 10:00 a.m. Courtroom: 8

ORDER

PLEASE TAKE NOTICE THAT on May 2, 2011 at 10:00 a.m. in Courtroom 8 of the United States District Court, Central District of California, Western Division, hearings on Plaintiff MICHAEL ROURKE's Motion for Remand and Defendants COUNTRYWIDE BANK, F.S.B., RECONTRUST COMPANY, N.A., BAC HOME LOANS SERVICING, LP, COUNTRYWIDE HOME LOANS, LP, THE BANK OF NEW YORK MELLON, CWALT, INC., AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.'s Motion to Dismiss were held before the Honorable Manuel Real, Judge of the United States District Court, Central District of California.

Upon consideration of the Motion for Remand filed by Plaintiff and having considered the arguments of the parties, IT IS HEREBY ORDERED as follows:

Plaintiff's Motion for Remand is GRANTED.

As Plaintiff's case has been remanded to state court and this Court no longer has jurisdiction, Defendants' Motion to Dismiss is moot.

IT IS SO ODERED.

HON. MANUEL L. REAL UNITED STATES DISTRICT JUDGE

20110513

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