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Cari Olson v. Gmac Mortgage

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


July 21, 2011

CARI OLSON,
PLAINTIFF,
v.
GMAC MORTGAGE, LLC AND DOES 1 THROUGH 10, INCLUSIVE,
DEFENDANT.

The opinion of the court was delivered by: Hon. Michael M. Anello United States District Judge

ORDER GRANTING JOINT MOTION TO REMAND [Doc. No. 11] DENYING DEFENDANT'S MOTION TO DISMISS AS MOOT; [Doc. No. 5] DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT AS MOOT; [Doc. No. 8] DENYING PLAINTIFF'S MOTION TO REMAND AS MOOT [Doc. No. 9]

Defendant GMAC Mortgage, LLC removed this matter from the Superior Court of the State of California, County of San Diego and promptly thereafter filed a Motion to Dismiss Plaintiff Cari Olson's complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). [Doc. No. 5]. In response, Plaintiff filed a motion for leave to file a second amended complaint and a motion to remand to state court. [Doc. Nos. 8, 9.] On July 21, 2011, while the three aforementioned motions were pending, the parties filed a Joint Motion to remand this matter to state court.

Upon due consideration, and good cause appearing, the Court GRANTS the parties' Joint Motion and REMANDS this case to the Superior Court of the State of California, County of San Diego (case number 37-2009-00060848-CU-OR-NC). Each party shall bear its own fees and costs in connection with this removal.

IT IS FURTHER ORDERED that Defendant's motion to dismiss the complaint [Doc. No. 5], Plaintiff's motion for leave to file a second amended complaint [Doc. No. 8], and Plaintiff's motion to remand [Doc. No. 9], are DENIED AS MOOT. The Clerk of Court is instructed to terminate the case file.

IT IS SO ORDERED.

20110721

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