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United States Bank Trust N.A. v. Sandoval

United States District Court, Ninth Circuit

June 24, 2013

U.S. BANK TRUST N.A., AS TRUSTEE FOR VOLT ASSET HOLDINGS NPL3, Plaintiff,
v.
MARCOS SANDOVAL, CECILIA ACOSTA, and DOES 1 to 6, inclusive, Defendant.

ORDER (1) CONTINUING THE INITIAL CASE MANAGEMENT CONFERENCE AND (2) DIRECTING PLAINTIFF TO FILE A MOTION TO REMAND

LAUREL BEELER, Magistrate Judge.

Defendants Marcos Sandoval and Cecilia Acosta removed this unlawful detainer action from state court to this court on March 22, 2013 and filed for leave to proceed in forma pauperis. Notice of Removal, ECF No. 1; Motions for Leave to Proceed In Forma Pauperis, ECF Nos. 3 and 4.[1] Since then, the Defendants have done nothing. See generally Docket. On June 20, 2013, Plaintiff U.S. Bank Trust N.A. ("U.S. Bank") filed a Case Management Statement arguing that the court lacks jurisdiction over this case and should remand it back to state court. See ECF No. 12. U.S. Bank failed to notice or file a motion, a memorandum of law, or any evidentiary support for that contention. Case Management Statement, ECF No. 12.

This court has previously explained to U.S. Bank's counsel (in very similar circumstances) that if he wants relief for his clients, he must ask for it in the form required by the local rules. See Order, U.S. Bank, N.A. v. Medina-Gonzalez, No. C 12-04991 LB, ECF No. 16. The court has generated a standard order, and it is easy to copy it. Accordingly, if U.S. Bank wants the court to address the issue it raises, the court DIRECTS it to file and serve, in accordance with Civil Local Rule 7, a noticed motion to remand based on a lack of subject-matter jurisdiction.

Because only U.S. Bank has consented to the undersigned's jurisdiction, see ECF No. 10, and to allow sufficient time for U.S. Bank to move for the relief it seeks, the court CONTINUES the June 27, 2013 initial case management conference to September 12, 2013 at 10:30 a.m. in Courtroom C, 15th Floor, United States District Court, 450 Golden Gate Avenue, San Francisco, California, 94102.

IT IS SO ORDERED.


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