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Federal Home Loan Mortgage Corporation v. Robert O. Capretto

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


September 10, 2012

FEDERAL HOME LOAN MORTGAGE CORPORATION, PLAINTIFF,
v.
ROBERT O. CAPRETTO, JR., DEFENDANT.

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

ORDER

On August 14, 2012, plaintiff filed a motion to remand this unlawful detainer action to the Superior Court of California for the County of Solano, noticed for hearing on September 20, 2012. (Dkt. No. 7.)*fn1 Plaintiff's counsel also filed a request to appear telephonically at the hearing. (Dkt. No. 9.) Defendant Robert Capretto, Jr. failed to file an opposition to the motion in accordance with E.D. Cal. L.R. 230(c).

After reviewing the papers in support of the motion and the court's record in this matter, the court finds that oral argument would not materially aid the resolution of the pending motion. Therefore, plaintiff's motion to remand is submitted on the record without a hearing. See Fed. R. Civ. P. 78(b); E.D. Cal. L.R. 230(g).

Accordingly, IT IS HEREBY ORDERED that:

1. The September 20, 2012 hearing on plaintiff's motion to remand (dkt. no. 7) is VACATED.

2. Plaintiff's motion to remand (dkt. no. 7) is SUBMITTED on the record without oral argument.

3. Plaintiff's counsel's request to appear telephonically at the hearing (dkt. no. 9) is DENIED AS MOOT.


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