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13-554 - Tomlinson et al v. Deutsche Bank National Trust Company et al


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13-554 - Tomlinson et al v. Deutsche Bank National Trust Company et al
January 30, 2014
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FINDINGS AND RECOMMENDATION TO GRANT PLAINTIFFS' MOTION FOR REMAND, AND ORDER DENYING DEFENDANT'S MOTION TO SEVER CLAIMS AND DENYING AS MOOT DEFENDANT'S JOINDER IN MOTION TO SEVER CLAIMS re 10, 15, 17 - Signed by Judge BARRY M. KURREN on 1/29/2014. "The Court finds that neither the doctrine of fraudulent joinder nor fraudulent misjoinder permit the Court to ignore incomplete diversity in this case. Without complete diversity, this Court lacks jurisdiction. Accordingly, the Court finds that remand to state court is proper and that the Court lacks jurisdiction to hear Deutsche Bank's Motion to Sever. Because the Court lacks jurisdiction to hear the Motion to Sever, US Bank's joinder in the motion is rendered moot. For the foregoing reasons, the Court FINDS and RECOMMENDS that Plaintiffs' Motion to Remand be GRANTED, and ORDERS that Defendant's Motion to Sever be DENIED for lack of jurisdiction, and Defendant's Motion for Joinder be TERMINATED as Moot." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
February 18, 2014
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ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION re 32 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 2/18/2014. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry