Guebara v. Saxon Mortgage, et al
Filing
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ORDER signed by Magistrate Judge John F. Moulds on 6/23/11 ORDERING that Saxton shall submit within 10 days of the date of this order a response to plaintiff's objection, specifically addressing whether this court or the San Joaquin County Superior Court retains jurisdiction over this matter.(Matson, R)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ANTHONY GUEBARA,
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Plaintiff,
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No. CIV 2:11-cv-0427-MCE-JFM (PS)
vs.
SAXON MORTGAGE, et al.,
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Defendants.
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ORDER
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This action was removed by defendant Saxon Mortgage (“Saxon”) on February
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15, 2011 from the San Joaquin County Superior Court. On February 22, 2011, Saxon filed a
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motion to dismiss. On May 3, 2011, the undersigned issued findings and recommendations
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recommending that the motion to dismiss be granted. On May 13, 2011, plaintiff filed an
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opposition. Therein, plaintiff contends that removal to this court was defective as it was not
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timely. As such, plaintiff states that this action is continuing to be heard in the San Joaquin
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County Superior Court.
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Good cause appearing, IT IS HEREBY ORDERED that Saxon shall submit
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within ten days of the date of this order a response to plaintiff’s objection, specifically addressing
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whether this court or the San Joaquin County Superior Court retains jurisdiction over this matter.
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DATED: June 23, 2011.
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/014/gueb0427.jo
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