NASCIMENTO v. WELLS FARGO BANK, NA

Full title: JOSEPH NASCIMENTO, Plaintiff, v. WELLS FARGO BANK, NA, et al., Defendants

Court: United States District Court, D. Nevada

Date published: Aug 16, 2011

2:11-CV-1049 JCM (GWF) (D. Nev. Aug. 16, 2011)

Opinion

2:11-CV-1049 JCM (GWF).

August 16, 2011

ORDER

JAMES MAHAN, District Judge

Presently before the court is plaintiff's motion to enforce prohibition on state court proceeding with case. (Docs. #14-15).

Defendant Wells Fargo Bank, N.A. removed this case to federal court on June 24, 2011. (Doc. #1). On July 20, 2011, plaintiff moved to remand the case to state court. (Docs. #10-11). Wells Fargo filed a response to the motion to remand on August 4, 2011. (Doc. #13).

On August 5, 2011, while plaintiff's motion to remand was pending in federal court, the Supreme Court of Nevada ordered plaintiff to respond to its May 13, 2011 order to show cause. (Doc. #14, Ex. #5). Pursuant to 28 U.S.C. § 1446(d), plaintiff now seeks declaratory and injunctive relief prohibiting further proceedings in state court arising from this case. (Doc. #14).

Plaintiff has not demonstrated that he has communicated with the Supreme Court of Nevada in any manner since the case was removed to federal court on June 24, 2011. ( See Doc. #14, Exs. #1-5). Thus, the court has no basis to believe that the Supreme Court of Nevada is aware that it is acting without jurisdiction pursuant to 28 U.S.C. § 1446(d). Absent an affirmative showing that the Nevada Supreme Court knowingly issued its August 5^th order in contravention of § 1446(d), the court declines to enjoin the state court.

Accordingly,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff Joseph Nascimento's motion to enforce prohibition on state court proceeding with case, (docs. #14-15), be, and the same hereby is, DENIED.