Ameriprise Bank FSB v. Rita P Dinsmore Thomas et al
Filing
4
MINUTE ORDER IN CHAMBERS by Judge Cormac J. Carney: remanding case to Orange County Superior Court, 30-02009-00325698. Mailed certified copy of minute order, docket sheet and CV 103. Case Terminated. Made JS-6 (Attachments: # 1 CV 103) (twdb)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
JS-6
CIVIL MINUTES – GENERAL
Case No. SACV 12-00738-CJC(MLGx)
Date: May 24, 2012
Title: AMERIPRISE BANK, FSB v. RITA P. DINSMORE THOMAS
PRESENT:
HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE
Dwayne Roberts
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFF:
None Present
N/A
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANT:
None Present
PROCEEDINGS: (IN CHAMBERS) ORDER REMANDING CASE FOR LACK
OF SUBJECT MATTER JURISDICTION
On February 3, 2010, Plaintiff filed this action for unlawful detainer against
Defendant in California state court. On October 8, 2010, Defendant removed this action
to federal court, and on November 8, 2010 the district court remanded the action to state
court for lack of subject matter jurisdiction. See Ameriprise Bank, FSB v. Dinsmore
Thomas, No. SACV 10-01520-DOC (C.D. Cal. Nov. 8, 2010). Defendant again
attempted to remove the action to federal court on April 26, 2012, but, on May 3, 2012,
Chief Judge of the Central District of California Audrey B. Collins summarily remanded
the case on the grounds that the matter did not satisfy the amount in controversy to
establish diversity jurisdiction and that it failed to raise any federal legal question.
Defendant’s third attempt remove this action is again unavailing. Defendant has asserted
no new basis for establishing subject matter jurisdiction, and her previous allegations of
entitlement to removal remain conclusory and without support. Accordingly, the Court,
on its own motion, again REMANDS the case to state court.
Further, the Court hereby advises Defendant that her litigious conduct in filing
successive, frivolous removal notices, is causing an undue burden on the Court and
imposing needless costs on Plaintiff. The Court now must insist on strict compliance
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SACV 12-00738-CJC(MLGx)
Date: May 24, 2012
Page 2
with Federal Rule of Civil Procedure 11, and any violation of this rule will result in
appropriate sanctions.
jsk
MINUTES FORM 11
CIVIL-GEN
Initials of Deputy Clerk dr
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