United States District Court, E.D. California
ORDER GRANTING PLAINTIFF’S MOTION FOR ORDER
REMANDING REMOVED ACTION TO STATE COURT (DOC. 60)
BARBARA A. McAULIFFE UNITED STATES MAGISTRATE JUDGE
Antonia Rebecca Rowe (“Plaintiff”) moves to
remand this action to Fresno County Superior Court. Doc. 60.
No opposition was filed. Given the lack of opposition, no
party was entitled to be heard in opposition at oral
argument, and the Court vacated the hearing scheduled for
July 29, 2016. Local Rule 230(c), (g). Having considered the
moving papers and record, Plaintiff’s motion to remand
this action to Fresno County Superior Court shall be
September 9, 2015, Plaintiff filed suit for quiet title,
declaratory relief, unjust enrichment and equitable indemnity
against six named defendants, including the Federal National
Mortgage Association (“Fannie Mae”), in
connection with the purchase of property in Fresno,
October 2, 2015, Fannie Mae removed the action to this Court
based on federal question jurisdiction.
February 26, 2016, Citicorp Trust Bank FSB
(“Citibank”) moved to dismiss the complaint for
failure to state a claim upon which relief may be granted.
Plaintiff opposed the motion to dismiss on April 22, 2016,
and contemporaneously filed a motion to amend the Complaint
to add Verdugo Trustee Service Corporation as a defendant to
the indemnity claim.
6, 2016, Defendants Fannie Mae and JP Morgan Chase, N.A.
(“Chase”) answered the complaint. Doc. 52.
25, 2016, Plaintiff filed a notice of settlement, indicating
that her claims against Chase and Fannie Mae had been
resolved and settled.
2, 2016, the Court granted Plaintiff’s motion to amend
the complaint and denied the motion to dismiss as moot. Doc.
21, 2016, Plaintiff filed a request for dismissal with
prejudice of Defendants Chase and Fannie Mae pursuant to
Federal Rule of Civil Procedure 41(a)(2). Doc. 59. Plaintiff
also filed the instant motion for remand of the action to
state court. Doc. 60.
22, 2016, the Court dismissed Defendants Chase and Fannie Mae
from this action with prejudice. Doc. 61.
30, 2016, Plaintiff filed her first amended complaint. Doc.
62. Citibank filed a motion to ...