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The Bank of New York Mellon v. Maria Flores and Does 1-10

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 18, 2012

THE BANK OF NEW YORK MELLON, PLAINTIFF,
v.
MARIA FLORES AND DOES 1-10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Presently before the court is plaintiff's amended motion to remand, filed on July 17, 2012.*fn1 The undersigned previously filed findings and recommendations that recommended the remand of this unlawful detainer case to the Sacramento County Superior Court (Dkt. No. 22), and that recommendation is still pending before the district judge.*fn2 Plaintiff asserts that despite the pending recommendation, defendant attempted to re-remove this case on some date not identified by plaintiff in its moving papers. The court's docket in this case does not reflect any such attempted re-removal prior to the filing of plaintiff's amended motion to remand. Therefore, plaintiff's amended motion to remand does not address a ripe dispute.

Accordingly, IT IS HEREBY ORDERED that plaintiff's amended motion to remand (Dkt. No. 25) is denied.

IT IS SO ORDERED.


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