M&T Bank v. Whiterock

Northern District of California, cand-4:2015-cv-03736

ORDER TO SHOW CAUSE why case should not be remanded and Defendant should not be sanctioned. Show Cause Hearing set for 9/11/2015 09:30 AM in Courtroom G. Show Cause Response due by 9/10/2015. Signed by Judge Joseph C. Spero on August 26, 2015. (jcslc2S, COURT STAFF) (Additional attachment(s) added on 8/27/2015: # {{1}} Certificate/Proof of Service)

Interested in this case?

Current View

Full Text

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 M&T BANK, 7 Case No. 15-cv-03736-JCS Plaintiff, 8 v. ORDER TO SHOW CAUSE WHY CASE 9 SHOULD NOT BE REMANDED AND PAULA WHITEROCK, DEFENDANT SHOULD NOT PAY 10 ATTORNEYS' FEES Defendant. 11 12 This is an unlawful detainer action originally filed in the California Superior Court for the Northern District of California United States District Court 13 County of Sonoma. Defendant Paula Whiterock previously removed to this Court asserting 14 diversity jurisdiction. See generally M&T Bank v. Whiterock, No. 4:15-cv-00914-YGR (N.D. 15 Cal.) (the "914 Case"). After Whiterock failed to appear at a case management conference, the 16 Court issued an order to show cause why the case should not be remanded. Order to Show Cause 17 (914 Case dkt. 13). Whiterock failed to respond to that order, failed to appear at the show cause 18 hearing, and failed to respond to repeated notices from the Clerk instructing her to either consent 19 to or decline magistrate judge jurisdiction pursuant to 28 U.S.C. § 636(c). The undersigned 20 magistrate judge issued a report and recommendation that the case be remanded. Report & 21 Recommendation ("R&R," 914 Case dkt. 15). Because Whiterock had not consented, the case 22 was reassigned a United States district judge, the Honorable Yvonne Gonzalez Rogers. The Court 23 adopted the report and recommendation in full, and remanded the case to state court. Order (914 24 Case dkt. 18). 25 Whiterock has now once again removed to this Court asserting diversity jurisdiction under 26 28 U.S.C. § 1332. Her present notice of removal is identical to her first notice of removal except 27 for the date, and does not address any of the reasons why the case was previously remanded. See 28 1st Notice of Removal (914 Case dkt. 1); 2d Notice of Removal (dkt. 1). 1 If a case is improperly removed, "[a]n order remanding the case may require payment of 2 just costs and any actual expenses, including attorney fees, incurred as a result of the removal." 28 3 U.S.C. § 1447(c). An award of attorneys' fees may be appropriate where removal has been 4 "sought for the purpose of prolonging litigation and imposing costs on the opposing party," and 5 "the standard for awarding fees should turn on the reasonableness of the removal." Martin v. 6 Franklin Capital Corp., 546 U.S. 132, 140−41 (2005). 7 Accordingly, Whiterock is hereby ORDERED to show cause why this action should not be 8 remanded to the California Superior Court for the County of Sonoma, and why Whiterock should 9 not be liable for M&T Bank's reasonable attorneys' fees. Whiterock may file a response to this 10 Order no later than Thursday, September 10, 2015, and shall appear for a show cause 11 hearing at 9:30 AM on Friday, September 11, 2015 in Courtroom G, located on the 15th 12 floor of the federal courthouse at 450 Golden Gate Avenue, San Francisco, California.1 If Northern District of California United States District Court 13 Whiterock fails to appear, the undersigned will recommend that the case be remanded and may 14 recommend that Whiterock be sanctioned. 15 Whiterock, who is not represented by counsel, is encouraged to consult with the Federal 16 Pro Bono Project's Legal Help Center in either of the Oakland or San Francisco federal 17 courthouses for assistance. The San Francisco Legal Help Center office is located in Room 2796 18 on the 15th floor at 450 Golden Gate Avenue, San Francisco, CA 94102. The Oakland office is 19 located in Room 470-S on the 4th floor at 1301 Clay Street, Oakland, CA 94612. Appointments 20 can be made by calling (415) 782-8982 or signing up in the appointment book located outside 21 either office, and telephone appointments are available. Lawyers at the Legal Help Center can 22 provide basic assistance to parties representing themselves but cannot provide legal representation. 23 IT IS SO ORDERED. 24 Dated: August 26, 2015 25 ______________________________________ JOSEPH C. SPERO 26 Chief Magistrate Judge 27 1 28 Counsel for M&T Bank is encouraged to request a telephonic appearance in order to minimize attorneys' fees. 2