Daniel G. Szmania v. E-Loan, Inc., et al.

, RULE 14.1(a) Did the UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT (Ninth) error when not enforcing a ruling of the U.S. District Court Western District of Washington at Tacoma, Case No. 3:16-CV-05644-RBL, (District Court) ruled on 11118/16: "This is not a foreclosure case." Dkt 64 page 2 at 14. The Ninth denied the overturning of the illegal foreclosure/trustee sale by Wells Fargo on 10/28/16 that was done without leave of the District Court when the issue of who was the legal beneficiary was still before the District Court. Ignored the material facts that JP Morgan Chase (JPMC) parent company of Bear Stearns, declares they do NOT OWN Plaintiff's loan! (Dkt 66-2 Ex DD specifically page 7 District Court.) See DktEntry 10 pages 4-7, & DktEntry 30. Did the UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT (Ninth) error when it did not Reverse and Remand the Removal to Federal District Court by Wells Fargo (Wells) when Wells was NOT properly served at the time of the Removal to District Court based upon the Ruling of the District Court: 9/8/16 in Dkt 49 page 6 at 22-23, the District Court ruled: "Wells Fargo had not been served when the case was removed and its consent was not required as a matter of law. The Motion to Remand [Dkt. #231 is DENIED." See DktEntry: 10, p. 8 at 1-13. Can a non party remove a case? "Consent. This matter is being removed by Wells Fargo.. "See Dkt 1 p. 3 at 20, . District Court.