IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
July 7, 2011
LUIS HERRERA AND ROSARIO HERRERA,
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
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
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