Free Affidavit - District Court of California - California

Case 3:O7—cv-O3175—S| Document 10 Filed O9/20/2007 Page 1 of 2
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5 IN THE UNITED STATES DISTRICT COURT
6 FOR THE NORTHERN DISTRICT OF CALIFORNIA
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8 US BANK NATIONAL ASSOCIATION, as No. C 07-03175SI
Trustee for First Franklin Mortgage Loan
9 Trust, Mortgage Pass-Through Certificates,
Series 2005—FF9, DECLARATION OF ROCHELLE L.
10 STANFORD IN LIEU OF CASE
Plaintiff, MANAGEMENT STATEMENT
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v.
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NORLIN MERRITT, ET AL.,
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Defendant.
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16 I, Rochelle L. Stanford, declare as follows: W
17 1 . I am an attorney admitted to practice before all Unites States District Courts and State
18 Courts ofthe State of California. I am an associate ofthe law firm of Pite Duncan, LLP, counsel of
19 record for Plaintiff in the above-entitled matter. I have personal knowledge of the following facts
20 and, if required to do so, would testify as follows.
21 ‘ 2. On August 24, 2007, Plaintiff obtained a judgn ent in an Unlawful Detainer action
22 filed in the Marin County Superior Court, as Case No. CV072031.
23 3. This law firm was not aware of the instant removal proceedings initiated by
24 Defendants and have not received any notices of any hearings or served with any documents on file.
25 4. Our firm’s first indication of the existence of these proceedings came by way of an
26 e-mail correspondence I received on September 20, 2007, at 10:20 a.m. from the department clerk,
27 Tracy Sutton.
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Case 3:O7—cv-03175-SI Document 10 Filed O9/20/2007 Page 2 of 2
5. According to the cou1t’s Order Denying Defendants’ Temporary Restraining order
1 entered on June 15, 2007, Defendants were required to "serve a copy of all papers on plaintiff, and
2 must also file a copy of the Notice of Removal in state court where the action is pending." Our firm
3 was not served with a copy of any papers.
4 6. Therefore, I respectfully request that Plaintiff be relieved of filing a Case
5 Management Statement. Further, I request that the Court dismiss or remand this case on for want
6 of a basis for removal. Alternatively, I request that the Court issue an order compelling the
7 Defendants to serve Plaintiff with all papers on file.
8 I declare under penalty of perjury under the laws of the United States of America that the
1; foregoing is true and correct. Executed on September , 2007, at San Diego, Califomia.
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Case 3:07-cv-03175-SI

Document 10

Filed 09/20/2007

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Case 3:07-cv-03175-SI

Document 10

Filed 09/20/2007

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