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Luis Herrera and Rosario Herrera v. Streamline Funding

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


July 7, 2011

LUIS HERRERA AND ROSARIO HERRERA,
PLAINTIFFS,
v.
STREAMLINE FUNDING, INC.; WASHINGTON MUTUAL BANK, FA;
JPMORGAN CHASE BANK, N.A., FEDERAL DEPOSIT INSURANCE COMPANY; CALIFORNIA RECONVEYANCE COMPANY; AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.

ORDER REMANDING CASE TO 9 STATE COURT

In its May 26, 2011 Order, the Court granted the motion to dismiss brought by Defendant Federal Deposit Insurance Corporation ("FDIC"). ECF No. 21. The Court noted that because the only basis 20 for removal of this action from state court was 12 U.S.C. § 1819(b)(2)(B) -- a removal statute that can only be exercised by 22 the FDIC -- dismissal of FDIC from the action would destroy the 23 only source of the Court's subject matter jurisdiction. The Court 24 granted Plaintiffs Luis and Rosario Herrera ("Plaintiffs") thirty 25 days' leave to file an amended complaint and provided that if Plaintiffs failed to amend their complaint or seek a stay within 27 this time frame, the Court would dismiss all claims against FDIC 28 with prejudice and sua sponte remand this action to California Superior Court for the County of San Mateo.

Plaintiffs' deadline to amend their complaint has passed.

Accordingly, the Court DISMISSES WITH PREJUDICE Plaintiffs' claims 4 against Defendant Federal Deposit Insurance Corporation and REMANDS 5 this action to California Superior Court for the County of San Mateo.

IT IS SO ORDERED.

United States District Court For the Northern District of California

UNITED STATES DISTRICT JUDGE

20110707

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