-AJW Rommel Alarcon et al v. JPMorgan Chase Bank et al, No. 2:2010cv08053 - Document 13 (C.D. Cal. 2010)

Court Description: MINUTE: (In Chambers) Order re: Defendants Motion to Dismiss 5 : This matter is before the Court on the Motion to Dismiss (Motion) filed on November 2, 2010 by Defendants California Reconveyance Co. and JPMorgan Chase Bank, N.A. (collectively, Defen dants). On November 23, 2010, Plaintiffs Rommel Alarcon and Rosario San Luis (collectively, Plaintiffs) filed a First Amended Complaint. Under Federal Rule of Civil Procedure 15(a)(1), a party may amend a pleading as a matter of course within 21 days after service of a motion under 12(b). Plaintiffs have met this filing deadline to amend. Defendants Motion is DENIED as moot. The First Amended Complaint does not allege any federal claims, and the Parties are not fully diverse, depriving us of sub ject matter jurisdiction. See 28 U.S.C. § 1331; id. § 1332; see also 28 U.S.C.§ 1447(c) (If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.). Therefore , this case is REMANDED to the state court from which it was removed, and the clerk shall effect such remand forthwith IT IS SO ORDERED by Judge George H. King (CC Copy of Minute Order, Docket Sheet and Letter of Remand to Los Angeles County Superior Court, Case number BC446217) (Made JS-6. Case Terminated.) (Attachments: # 1 Letter of Remand) (ir)