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Riverhwak Property Management LLC v. Fazilatun Hossain et al

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


November 1, 2011

RIVERHWAK PROPERTY MANAGEMENT LLC
v.
FAZILATUN HOSSAIN ET AL

The opinion of the court was delivered by: Honorable Gary Allen Feess

LINK: 6

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 June 14, 2011, Plaintiff Riverhwak Property Management, LLC filed an unlawful detainer Complaint in San Bernardino Superior Court against Defendant Fazilatun Hossain. (Docket No. 1 [Not.], Ex. A [Compl.].) On September 22, 2011, Defendant removed the action to this Court, alleging federal question jurisdiction pursuant to 28 U.S.C. § 1331. (Not. ¶ 6.) On October 5, 2011, this Court issued an Order to Show Cause ordering Hossain to show cause why this case should not be remanded to state court for lack of subject matter jurisdiction or for untimely removal. (Docket No. 6, Order to Show Cause Re: Subject Matter Jurisdiction.) The Court's order directed Hossain to file his response by no later than October 26, 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 3.)

To date, Hossain 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.

20111101

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