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Title U.S. Bank, N.A. v. Lawrence Saks

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 5, 2013

TITLE U.S. BANK, N.A.
v.
LAWRENCE SAKS, ET AL.

The opinion of the court was delivered by: The Honorable Dolly M. Gee, United States District Judge

JS-6

CIVIL MINUTES-GENERAL

Present: The Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

VALENCIA VALLERY NOT REPORTED Deputy Clerk Court Reporter Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s) None Present None Present Proceedings: IN CHAMBERS-ORDER REMANDING ACTION TO CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN BROWARD COUNTY, FLORIDA

On July 26, 2009, U.S. Bank, N.A. filed this foreclosure action in the Circuit Court of the 17th Judicial Circuit in Broward County, FL against Defendants Lawrence Saks, 2080 Ocean Drive Condominium Association, Clerk of the United States District Court for the Central District of California, Jeanne C Saks, an unknown spouse of Lawrence Saks, and unknown tenants. On January 28, 2013, Defendant Lawrence Saks filed a notice of removal of the action to this Court. [Doc. # 1.]

Under 28 U.S.C. § 1441, "any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending." Id. § 1441(a) (emphasis added). As Defendants' action is pending in Florida, it may not be removed to a federal court in California.

In light of the foregoing, this action is hereby REMANDED to the Circuit Court of the 17th Judicial Circuit in Broward County, Florida.

IT IS SO ORDERED.

20130205

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