Free Motion to Remand - District Court of California - California

Case 3:08-cv-03798-MMC

Document 14

Filed 08/28/2008

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Shawn Ridgell (State Bar No. 201179) RIDGELL & LAWLOR LLP 2128 Broadway Oakland, Ca 94612 (510) 986-1300 Attorneys for Plaintiff JOHN ALLEN

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JOHN ALLEN Plaintiff,

13 v. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOMEQ SERVICING INC., DOES 1 TO 50, Defendant.

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ACTION NO: C-08-03798 MMC NOTICE OF MOTION AND MOTION TO REMAND ACTION TO STATE COURT (28 U.S.C. §1447 (c)) Date: Time: Location: October 10, 2008 9:00 a.m. Courtroom 7, 19 th Floor 450 Golden Gate Ave. San Francisco, CA 94102

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on , 2008 at 9:00 a.m., or as soon thereafter as the matter can be heard, in Department 7 of this Court, located at 450 Golden Gate Avenue, San Francisco, CA 94102, Plaintiff John Allen ("Allen") will, and hereby does, move this Court for an Order remanding the above-entitled action to state court. This motion is made on the ground that the Court does not have jurisdiction over this matter because defendant Homeq Servicing Inc ("Defendant") has failed to prove that the amount in controversy in this action exceeds $75,000. / / / / / / / / / / / / / /

Case 3:08-cv-03798-MMC

Document 14

Filed 08/28/2008

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This motion will be based on this notice, the memorandum of points and authorities, the declaration of Shawn Ridgell, and on all the evidence, both oral and documentary, which shall be presented at the hearing of the motion. Dated: August 27, 2008 RIDGELL & LAWLOR LLP

By:_____________________ Shawn Ridgell Attorneys for Plaintiff JOHN ALLEN

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