McCaul v. Wells Fargo Bank, N.A.

District Court, D. Montana

McCaul v. Wells Fargo Bank, N.A.

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION

DAN PATRICK MCCAUL, ) ) Case No. 2:25-cv-00080-JTJ Plaintiff, ) )

) REMAND ORDER v. )

) WELLS FARGO BANK, N.A., and ) WELLS FARGO & COMPANY; JOY ) OTT; MICHAEL CONLON; JENICA ) HELD; and RHONDA M. ) CEBULSKI, ) ) Defendants. )

This case was originally filed in the Montana Second Judicial District Court, Silver Bow County on or about October 31, 2023. The original complaint was not served on any of the Defendants. On June 11, 2025, Plaintiff filed an Amended Complaint and commenced serving some of the Defendants. Defendant Wells Fargo Bank, N.A. timely removed the case to this Court on August 18, 2025. (Doc. 1). On August 26, 2025 Plaintiff provided notice of voluntary dismissal of all federal claims. (Doc. 10). On August 26, 2025 the Defendants which had been served filed a Notice of Potential Remand (Doc. 11) and acknowledged that with Plaintiff’s voluntary dismissal of all federal claims a remand to state court is mandated. See Royal Canin U.S.A. v. Wullschleger,

604 U.S. 22

(2025). Based on the foregoing, IT IS HEREBY ORDERED that this case is remanded to the Montana Second Judicial District Court, Silver Bow County, with each party bearing its own costs and attorney’s fees DATED this 29" day of August

hd oe □□ pci net ace ~——Fohn Johnston United States Magistrate Judge

2025.

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Reference

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