Selene Finance LP. v. Julian
Plaintiff: Selene Finance LP. and 1900 CAPITAL TRUST II, BY U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS CERTIFICATE TRUSTEE
Defendant: Mark T. Julian
Case Number: 3:2019cv01002
Filed: June 26, 2019
Court: US District Court for the District of Connecticut
Presiding Judge: Janet C Hall
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 22, 2019 Opinion or Order Filing 12 ORDER granting #11 MOTION for Extension of Time until 30 days until August 16, 2019 to respond to 7 Order to Show Cause. Treating defendant's Motion for Extension as a Motion for Reconsideration (in light of the court's Order (Doc. No. 10 ) it is granted and the Motion for Extension is granted. SO ORDERED by Judge Janet C. Hall on 7/22/2019. (Lewis, D)
July 17, 2019 Filing 11 MOTION for Extension of Time until 30 days until August 16, 2019 to respond to 7 Order to Show Cause by Mark T. Julian. (Payton, R.)
July 17, 2019 JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Lewis, D)
July 17, 2019 Opinion or Order Filing 10 ORDER: The defendant seeks to remove this action to this court from the Connecticut Superior Court. This court issued an Order to Show Cause, to both the plaintiff and defendant, as to how this court had jurisdiction over the action. See Order (Doc. No. 7 ). Response to the Order to Show Cause was due by July 11, 2019. Id. The plaintiff timely responded, but the defendant did not. The face of the plaintiffs Amended Complaint, of which the court takes judicial notice, sounds solely in state foreclosure law, and raises no federal question. See Selene Finance LP v. Julian, FBT-CV15-6049586, Entry No. 160. While the defendant raises defenses sounding in federal law, a case may not be removed to federal court on the basis of a federal defense. Caterpillar Inc. v. Williams, 482 U.S. 386, 393 (1987). Removal based on federal question jurisdiction is therefore improper. Removal based on diversity of citizenship is also improper, for two reasons. First, the defendant is a citizen of Connecticut. Section 1441 of title 28 of the United States Code provides that [a] civil action otherwise removable solely on the basis of [diversity jurisdiction] may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought. 28 U.S.C. 1441(b)(2). Second, the removal is untimely. Section 1446 of title 28 of the United States Code provides that a notice of removal must be filed within 30 days after the defendant receives a copy of a pleading from which removability may be ascertained. See 28 U.S.C. 1446(b)(1), (b)(3). This action was first filed in Connecticut state court in 2015, and the most recent Amended Complaint was filed in December 2017. The court concludes that it is without subject matter jurisdiction over this matter. Though the plaintiff seeks to consent to jurisdiction in the interest of avoiding delay, see Response to Order to Show Cause (Doc. No. #9 ) at 4, no action of the parties can confer subject-matter jurisdiction upon a federal court. Ins. Corp. of Ireland v. Compagnie des Bauxites de Guinee, 456 U.S. 694, 702 (1982). This matter is remanded to the Superior Court, Judicial District of Bridgeport. SO ORDERED by Judge Janet C. Hall on 7/17/2019.(Lewis, D)
July 11, 2019 Filing 9 RESPONSE TO 7 Order to Show Cause by 1900 CAPITAL TRUST II, BY U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS CERTIFICATE TRUSTEE filed by 1900 CAPITAL TRUST II, BY U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS CERTIFICATE TRUSTEE. (Picard, Christopher)
July 11, 2019 Filing 8 NOTICE of Appearance by Christopher J. Picard on behalf of 1900 CAPITAL TRUST II, BY U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS CERTIFICATE TRUSTEE (Picard, Christopher)
June 27, 2019 Opinion or Order Filing 7 ORDER TO SHOW CAUSE: Plaintiff and Defendant are ordered to show cause why and how the District of Connecticut has jurisdiction. Show Cause Response due by 7/11/2019 SO ORDERED by Judge Janet C. Hall on 6/27/2019.(Lewis, D)
June 26, 2019 Filing 6 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 #1 Notice of Removal filed by Mark T. Julian, #5 Order, #3 Electronic Filing Order, #2 Order on Pretrial Deadlines, #4 Protective Order Signed by Clerk on 6/29/2019. (Attachments: #1 Standing Order on Removed Cases)(Payton, R.)
June 26, 2019 Opinion or Order Filing 5 Standing Order re: Discovery Signed by Judge Janet C. Hall on 6/26/2019.(Payton, R.)
June 26, 2019 Opinion or Order Filing 4 STANDING PROTECTIVE ORDER Signed by Judge Janet C. Hall on 6/26/2019.(Payton, R.)
June 26, 2019 Opinion or Order Filing 3 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Janet C. Hall on 6/26/2019.(Payton, R.)
June 26, 2019 Opinion or Order Filing 2 Order on Pretrial Deadlines: Amended Pleadings due by 8/25/2019 Discovery due by 12/26/2019 Dispositive Motions due by 1/30/2020 Signed by Clerk on 6/26/2019.(Payton, R.)
June 26, 2019 Filing fee received from Mark T. Julian: $ 400.00, receipt number CTXB00010326 (Payton, R.)
June 26, 2019 Filing 1 NOTICE OF REMOVAL by Mark T. Julian from Connecticut Superior Court, J.D. of Fairfield at Bridgeport, case number FBT-CV-15-6049586-S., filed by Mark T. Julian. (Attachments: #1 Civil Cover Sheet)(Payton, R.)

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Defendant: Mark T. Julian
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Plaintiff: Selene Finance LP.
Represented By: Jessica L. Braus
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Plaintiff: 1900 CAPITAL TRUST II, BY U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS CERTIFICATE TRUSTEE
Represented By: Christopher J. Picard
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