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The Bank of New York Mellon v. Ivy L. Fontenot

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 18, 2012

THE BANK OF NEW YORK MELLON, PLAINTIFF,
v.
IVY L. FONTENOT, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Otis D. Wright, II United States District Judge

ORDER REMANDING CASE TO STATE COURT

After considering Defendant Fontenot's notice of removal, the Court finds no removal jurisdiction under 28 U.S.C. § 1441. A defendant may not remove a case from state court to federal court if the defendant is a citizen of the state in which the action is brought. 28 U.S.C. § 1441(b)(2); Spencer v. United States Dist. Court, 393 F.3d 867, 870 (9th Cir. 2004). Defendants do not claim that federal jurisdiction exists, and the Court finds no grounds for such an assertion.

Accordingly, the Court REMANDS this caseto the Superior Court of the State of California, County of Los Angeles, the court in which the case was originally filed. The Clerk of Court shall close this case.

IT IS SO ORDERED.

20120418

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