Naulty et al v. Greenpoint Mortgage Funding, Inc. et al
John Naulty and Carol Naulty |
Greenpoint Mortgage Funding, Inc., American Capital Financial Services, James Naulty, GMAC Mortgage LLC, Wachovia Mortgage, FSB and Mortgage Electronic Registration Systems Inc. |
3:2009cv01542 |
April 8, 2009 |
US District Court for the Northern District of California |
Real Property: Other Office |
Contra Costa |
Marilyn H. Patel |
None |
Federal Question |
28:1441 Petition for Removal |
Available Case Documents
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Filing 60 MEMORANDUM AND ORDER: Defendant Wachovia's motion to dismiss the state law claims against it on the basis of federal preemption is GRANTED. Plaintiffs' state law claims against Wachovia are accordingly DISMISSED with prejudice. Defendants ' motions to dismiss plaintiffs' federal law claims are GRANTED. These claims are DISMISSED as to all defendants without prejudice to plaintiffs' state law claims. The court does not reach the merits of plaintiffs' remaining sta te law claims, and this action is REMANDED to the Superior Court of Contra Costa County. As the court declines to exercise jurisdiction over the state law claims, plaintiffs' motion for preliminary injunctive relief is DENIED. The Clerk of Court shall transmit forthwith a certified copy of this order to the Clerk of the Superior Court of Contra Costa County. The Clerk shall close the file; Signed by Judge Marilyn Hall Patel on 9/2/2009. (awb, COURT STAFF) (Filed on 9/3/2009) |
Filing 12 ORDER FOR PARTIES TO FILE CONSENT/DECLINATION; ORDER CONTINUING HEARING re 10 MOTION to Dismiss filed by Greenpoint Mortgage Funding, Inc.. Signed by Judge Maria-Elena James on 4/29/2009. (mejlc1, COURT STAFF) (Filed on 4/29/2009) |
Filing 9 ORDER EXTENDING TIME TO RESPOND TO COMPLAINT re 8 Stipulation filed by Wachovia Mortgage, FSB. Signed by Judge Maria-Elena James on 4/28/2009. (mejlc1, COURT STAFF) (Filed on 4/28/2009) |
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