Opinion
24-cv-05673-JD
10-29-2024
FREDERICK E. TINSLEY, Plaintiff, v. DONALD GLAUDE, et al., Defendants.
ORDER RE REMAND
JAMES DONATO UNITED STATES DISTRICT JUDGE
Defendants Select Portfolio Servicing, Inc. and Deutsche Bank National Trust Co.'s motions to remand, see Dkt. Nos. 6, 15, are granted. On the face of the complaint, it is questionable whether there exists a basis for removal jurisdiction pursuant to diversity or federal-question jurisdiction. See 28 U.S.C. §§ 1441(b), (c); Franchise Tax Bd. v. Constr. Laborers Vacation Trust for Southern Cali., 463 U.S. 1, 10 (1983); see also Fed. R. Ev. 201(b)(2); Callan v. New York Community Bank, 643 Fed. App'x 666, 667 (9th Cir. 2016) (unpublished). In addition, defendant Donald Glaude filed a notice of removal on August 22, 2024, nearly two years after the date on which plaintiff Frederick Tinsley filed the operative complaint in state court. Consequently, the motion is untimely. See 28 U.S.C. §§ 1446(b)(3), (c).
The hearing set for October 31, 2024, is vacated.
IT IS SO ORDERED.