Tinsley

Tinsley v. Glaude

Good Law
United States District Court, Northern District of CaliforniaOctober 29, 20243:24-cv-05673California214 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FREDERICK E. TINSLEY, Case No. 24-cv-05673-JD Plaintiff,

ORDER RE REMAND

v. DONALD GLAUDE, et al., ll Defendants. 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 S 14 || 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 a 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 App’x 666, 667 (9th Cir. 2016) (unpublished).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 19 || date on which plaintiff Frederick Tinsley filed the operative complaint in state court. Consequently, the motion is untimely. See…

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