Guebara v. Saxon Mortgage, et al

Filing 24

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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY GUEBARA, 11 Plaintiff, 12 13 No. CIV 2:11-cv-0427-MCE-JFM (PS) vs. SAXON MORTGAGE, et al., 14 Defendants. 15 ORDER / 16 This action was removed by defendant Saxon Mortgage (“Saxon”) on February 17 15, 2011 from the San Joaquin County Superior Court. On February 22, 2011, Saxon filed a 18 motion to dismiss. On May 3, 2011, the undersigned issued findings and recommendations 19 recommending that the motion to dismiss be granted. On May 13, 2011, plaintiff filed an 20 opposition. Therein, plaintiff contends that removal to this court was defective as it was not 21 timely. As such, plaintiff states that this action is continuing to be heard in the San Joaquin 22 County Superior Court. 23 ///// 24 ///// 25 ///// 26 ///// 1 1 Good cause appearing, IT IS HEREBY ORDERED that Saxon shall submit 2 within ten days of the date of this order a response to plaintiff’s objection, specifically addressing 3 whether this court or the San Joaquin County Superior Court retains jurisdiction over this matter. 4 DATED: June 23, 2011. 5 6 7 8 /014/gueb0427.jo 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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