McGaugh et al v. Northstar Mortgage Group LLC
| Vickie McGaugh and Edward McGaugh |
| Nationstar Mortgage LLC and Nationstar Mortgage LLC doing business as Mr. Cooper |
| 5:2019cv00596 |
| April 19, 2019 |
| US District Court for the Northern District of Alabama |
| Madeline Hughes Haikala |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 19, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 REPORT of Rule 26(f) Planning Meeting. (Taunton, Michael) |
| Filing 9 AMENDED ANSWER to Plaintiff's Complaint by Nationstar Mortgage LLC. (Taunton, Michael) |
Filing 8
INITIAL ORDER. Signed by Judge Madeline Hughes Haikala on 5/7/2019. (KEK)
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| Filing 7 RESPONSE to re 6 Order to Show Cause, Demonstrating the Citizenship of Mr. and Mrs. McGaugh filed by Nationstar Mortgage LLC. (Attachments: #1 Affidavit Affidavit of Amanda Barber)(Taunton, Michael) |
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Filing 6
TEXT ORDER: Nationstar removed this action to federal court based on diversity jurisdiction. (Doc. #1 , p. 2, 4). For federal jurisdiction to exist under 28 U.S.C. 1332(a)(1), there must be complete diversity of citizenship, and the amount in controversy must exceed $75,000. 28 U.S.C. 1332(a); Underwriters at Lloyd's, London v. Osting-Schwinn, 613 F.3d 1079, 1085 (11th Cir. 2010). The Court issued an order to show cause because Nationstar's citizenship allegations for Mr. McGaugh, Mrs. McGaugh, and Nationstar LLC's members were inadequate. (Doc. #3 , p. 1). The Court has reviewed Nationstar's response to the Court's order to show cause. (Doc. #4 ). Nationstar has not alleged the citizenship of Mr. McGaugh or Mrs. McGaugh. (See Doc. #4 ). An allegation of residence alone is insufficient to establish the citizenship of Mr. and Mrs. McGaugh because the citizenship of an individual is based on his or her place of domicile, not place of residence. See Travaglio v. Am. Exp. Co., 735 F.3d 1266, 1269 (11th Cir. 2013). On or before May 6, 2019, Nationstar shall correct the flaws in the jurisdictional allegations. Signed by Judge Madeline Hughes Haikala on 5/3/2019. (KEK)
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| Filing 5 ANSWER to Complaint by Nationstar Mortgage LLC.(Taunton, Michael) |
| Filing 4 RESPONSE TO ORDER TO SHOW CAUSE by Nationstar Mortgage LLC. filed by Nationstar Mortgage LLC (Taunton, Michael) |
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Filing 3
ORDER TO SHOW CAUSE - Nationstar asserts that Nationstar Mortgage Holdings, Inc. is incorporated in Delaware, but Nationstar does not assert Nationstar Mortgage Holdings, Inc.'s principal place of business. (Doc. #1 , pp. 2-3, 4). Thus, Nationstar LLC has not alleged the citizenship of its members properly, and Nationstar has not provided sufficient information to establish diversity jurisdiction. These defects must be cured before the Court may determine whether it has subject matter jurisdiction. On or before April 29, 2019, Nationstar shall correct the flaws in the jurisdictional allegations. Signed by Judge Madeline Hughes Haikala on 4/24/2019. (KEK)
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| Filing 2 Corporate Disclosure Statement by Northstar Mortgage Group LLC. filed by Northstar Mortgage Group LLC (Taunton, Michael) |
| Filing Fee received in the amount of $400.00, receipt number B4601096940. (JLC) |
| Filing 1 NOTICE OF REMOVAL by Northstar Mortgage Group LLC from Circuit Court of Jackson County, case number 2019-900052. filed by Northstar Mortgage Group LLC. (Attachments: #1 State Court Record, #2 Corporate Disclosure, #3 Demand Letter, #4 Taunton Aff, #5 Notice)(KAM) |
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