Wells Fargo Bank, N.A. v. Lewis
| Wells Fargo Bank, N.A. |
| Cynthia Lewis |
| 3:2019cv00341 |
| March 8, 2019 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
Docket Report
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Filing 6
ORDER TO SHOW CAUSE. The Defendant has filed a #1 notice of removal. The notice and attachments do not appear to provide any reasonable basis for the Court's subject matter jurisdiction. "If subject matter jurisdiction is lacking and no party has called the matter to the court's attention, the court has the duty to dismiss the action sua sponte." Durant, Nichols, Houston, Hodgson & Cortese-Costa P.C. v. Dupont, 565 F.3d 56, 62 (2d Cir. 2009).The Defendant states that removal is proper under 28 U.S.C. 1441, 1446, and 1331. She cites numerous other federal statutes and constitutional provisions, but does not provide enough information to determine their relevance in the case. She does not attach the original complaint from the state court proceeding as required under 28 U.S.C. 1446(a). Federal courts may hear cases removed from state court on the basis of federal question jurisdiction only "when a federal question is presented on the face of the plaintiff's properly pleaded complaint." Caterpillar Inc. v. Williams, 482 U.S. 386, 392 (1987). The Court does not have jurisdiction if the only federal question is raised as an affirmative defense or in the Defendant's counterclaims. The removal also appears untimely. Under 28 U.S.C. 1446(b), notice of removal must be filed within 30 days after the party seeking removal receives the initial pleading or summons. A review of the state court docket suggests that Ms. Lewis has actively litigated this case in state court for more than 10 years.The Defendant is hereby ordered to show cause within seven days (3/21/2019) why this case should not be remanded to the state court from which it was removed. The Defendant's response to this order must (1) include the relevant state court pleadings; (2) identify the federal question raised on the face of those pleadings; and (3) explain why the removal was not untimely. Signed by Judge Michael P. Shea on 3/14/2019. (Guevremont, Nathan)
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| Set Deadlines: Show Cause Response due by 3/21/2019 (Johnson, D.) |
| Filing 5 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #2 Order on Pretrial Deadlines, #4 Standing Protective Order, #1 Notice of Removal filed by Cynthia Lewis, #3 Electronic Filing Order Signed by Clerk on 3/13/2019. (Attachments: #1 Removal Standing Order)(Fazekas, J.) |
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 3/8/2019.(Fazekas, J.)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 3/8/2019.(Fazekas, J.)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 5/7/2019. Discovery due by 9/7/2019. Dispositive Motions due by 10/12/2019. Signed by Clerk on 3/8/2019.(Fazekas, J.)
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| Filing 1 NOTICE OF REMOVAL by Cynthia Lewis from Superior Court, Bridgeport, CT, case number FBT-CV07-5006088., filed by Cynthia Lewis. (Attachments: #1 Civil Cover Sheet)(Fazekas, J.) |
| Filing fee received from Cynthia Lewis: $400.00, receipt number CTXB00010000. (Fazekas, J.) |
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| Defendant: Cynthia Lewis | |
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| Plaintiff: Wells Fargo Bank, N.A. | |
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