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John Davis, Etal. v. Emc Mortgage Corp.

January 3, 2012

JOHN DAVIS, ETAL.
v.
EMC MORTGAGE CORP., ET AL.



The opinion of the court was delivered by: Honorable John F. Walter, United States District Judge

JS-6

CIVIL MINUTES -- GENERAL

Shannon Reilly

Courtroom Deputy

ATTORNEYS PRESENT FOR PLAINTIFFS:

None

None Present

Court Reporter

ATTORNEYS PRESENT FOR DEFENDANTS:

None

PROCEEDINGS (IN CHAMBERS): ORDER REMANDING ACTION TO SAN BERNARDINO

COUNTY SUPERIOR COURT

On October 19, 2011, Plaintiffs John Davis and Heather Davis ("Plaintiffs") filed a Complaint against Defendants EMC Mortage Corp., Saxon Mortgage Services, Inc., Equifirst Corp., and Old Republic Default Management Services, as Trustee in San Bernardino County Superior Court. On November 23, 2011, Defendant Saxon Mortgage Services, Inc. ("Saxon") filed a Notice of Removal Pursuant to 28 U.S.C. §§ 1332 and 1441 ("Notice of Removal").

Federal courts are courts of limited jurisdiction, having subject matter jurisdiction only over matters authorized by the Constitution and Congress. See Bender v. Williamsport Area School, 475 U.S. 534, 541 (1986). "Because of the Congressional purpose to restrict the jurisdiction of the federal courts on removal, the statute is strictly construed, and federal jurisdiction ...


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