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Title: Jessie v. Americas Servicing Company et al

March 28, 2012

TITLE: JESSIE LAIKEN ET AL
v.
AMERICAS SERVICING COMPANY ET AL



The opinion of the court was delivered by: Honorable Jacqueline H. Nguyen

CIVIL MINUTES-GENERAL

JS-6

Present: The Honorable JACQUELINE H. NGUYEN

Alicia Mamer Not Reported N/A

Deputy Clerk Court Reporter/Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Not Present Not Present

Proceedings: ORDER REMANDING MATTER TO LOS ANGELES COUNTY SUPERIOR COURT (In Chambers)

On March 2, 2012, this Court issued an Order to Show Cause as to why this matter should not be remanded to the Los Angeles County Superior Court for lack of jurisdiction. (Docket no. 58.) The Court ordered Defendants BNC Mortgage, Inc. and Wells Fargo Bank, N.A. to submit responses to the OSC no later than March 12, 2012 demonstrating that there is complete diversity. (Id. at 1.) That date has long since passed, and Defendants have failed to submit responses.

The Court's construes Defendants' failure to respond as consent to remand of this matter. Therefore, the matter is hereby REMANDED to the Los Angeles Superior Court because this Court lacks subject matter jurisdiction. See Diaz v. Davis (In re Digimarc Corp. Derivative Litig.), 549 F.3d 1223, 1234 (9th Cir. 2008) (for a Court to have diversity jurisdiction, there must be "complete diversity between the parties-each defendant must be a citizen of a different state from each plaintiff.").*fn1

IT IS SO ORDERED.

___: N/A

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