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National Improvement Fund, LLC v. Sophie Volovnik

November 8, 2012

NATIONAL IMPROVEMENT FUND, LLC
v.
SOPHIE VOLOVNIK



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

CIVIL MINUTES -- GENERAL

Present: The Honorable JOHN A. KRONSTADT, UNITED STATES DISTRICT JUDGE

Andrea Keifer Not Reported Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiff: Attorneys Present for Defendant: Not Present Not Present

Proceedings: (IN CHAMBERS) ORDER DENYING REMOVAL AND REMANDING CASE

TO LOS ANGELES SUPERIOR COURT JS-6

On October 24, 2012, this Court issued an Order to Show Cause re Subject Matter Jurisdiction, directing that, by November 7, 2012, each party submit a memorandum with respect to whether this Court has subject matter jurisdiction over this action. Dkt. 8. Plaintiff responded timely and contends this Court does not have subject matter jurisdiction. Dkt. 9. Defendant, who removed the action to this Court (Dkt. 1), did not respond. The party seeking to invoke the Court's jurisdiction bears the burden of establishing it. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994).

For the reasons given its previous Order (Dkt. 8), the Court finds it lacks subject matter jurisdiction over the matter. Accordingly, the Court remands this case to the Superior Court of California, County of Los Angeles at its Van Nuys Courthouse (Case No. 12B02919). Accordingly, the November 26, 2012 Scheduling Conference is moot.

IT IS SO ORDERED.

20121108

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