Derby et al v. Thompson
| City of Derby and City of Derby Water Pollution Control |
| Mel Thompson |
| 3:2019cv01028 |
| June 28, 2019 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 |
| None |
Docket Report
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| Filing 14 Case remanded to State Court Judicial District of Ansonia-Milford. (Fanelle, N.) |
| 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 (Fanelle, N.) |
Filing 13
ORDER OF REMAND. Preliminarily, the Court notes that the Plaintiffs filed a motion to remand this action to state court for, among other things, lack of subject matter jurisdiction. (ECF No. 11.) Prior to the filing of Plaintiffs' motion, the Court had already decided to remand the matter sua sponte for the reasons set forth below. The self-represented defendant, Melvin Thompson, (the "Defendant") removed this action from the Connecticut Superior Court on June 28, 2019. See Derby et al v. Thompson, No. AAN-CV-19-6033771-S. Federal courts have subject matter jurisdiction over only matters in which a federal question is raised or there is diversity of citizenship. See 28 U.S.C. 1331,1332. Federal question jurisdiction exists where the action "aris[es] under the Constitution, laws or treaties of the United States." 28 U.S.C. 1331. "[A] suit 'arises under' federal law 'only when the plaintiff's statement of his own cause of action shows that it is based upon federal law.'" Vaden v. Discover Bank, 556 U.S. 49, 60 (2009) (quoting Louisville & Nashville R. Co. v. Mottley, 211 U.S. 149, 152 (1908)). Diversity jurisdiction exists only where there is complete diversity of citizenship between the parties and the amount in controversy exceeds $75,000. 28 U.S.C. 1332(a). Here, there is no basis for federal question or diversity jurisdiction. The underlying complaint sounds only in foreclosure, and "it is well settled that judgments of foreclosure... are fundamentally matters of state law." Muong v. Fed. Nat. Mortgage Ass'n, No. 13-cv-06564 (KAM), 2013 WL 6667374, at *2 (E.D.N.Y. Dec. 16, 2013) (collecting cases). The Defendant contends that this Court has original jurisdiction over this matter because he intends to assert several counterclaims under the United States Constitution, but federal jurisdiction cannot be predicated on actual or anticipated defenses or counterclaims. Vaden, 556 U.S. at 60. Diversity jurisdiction, though not asserted, is also lacking both because the plaintiff and the defendant are both citizens of Connecticut. In addition, "[a] state court case is not removable... based solely on diversity jurisdiction if any defendant is a citizen of the state in which the action is brought." Wells Fargo Bank, Nat'l Ass'n v. White, No. 3:17-cv-00858 (VAB), 2018 WL 650372, at *2 (D. Conn. Jan. 31, 2018) (citing 28 U.S.C. 1441(b)(2)). For the foregoing reasons, the Court lacks subject matter jurisdiction over this case, and it is remanded back to the Connecticut Superior Court, judicial district of Ansonia-Milford. Royal Ins. Co. v. Jones, 76 F. Supp. 2d 202, 204 (D. Conn. 1999) ("a court lacking subject matter jurisdiction over a removed action must remand that action to state court sua sponte or on motion"); see United Food & Commercial Workers Union, Local 919, AFL-CIO v. CenterMark Props. Meriden Square, Inc., 30 F.3d 298, 301 (2d Cir. 1994) (recognizing that lack of subject matter jurisdiction may be raised sua sponte by the court and that "[w]here jurisdiction is lacking... dismissal is mandatory"). The Clerk of the Court is directed to: (1) remand this matter to the Connecticut Superior Court, judicial district of Ansonia-Milford, pursuant to 28 U.S.C. 1447(c), and (2) close this case. Signed by Judge Kari A. Dooley on 7/29/2019.(Beyerlein, Alexis)
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| Filing 12 Memorandum in Support re #11 MOTION to Remand to State Court filed by City of Derby Water Pollution Control, City of Derby. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Dobin, David) |
| Filing 11 MOTION to Remand to State Court by City of Derby Water Pollution Control, City of Derby.Responses due by 8/16/2019 (Dobin, David) |
| Filing 10 NOTICE of Appearance by David Erez Dobin on behalf of City of Derby Water Pollution Control, City of Derby (Dobin, David) |
| Filing 9 MOTION to Consolidate Cases. Case to be consolidated with 3:18-CV-00793-KAD by Mel Thompson. Responses due by 7/31/2019. (Attachments: #1 Memorandum in Support) (Fanelle, N.) |
| Filing 8 AMENDED NOTICE OF REMOVAL against City of Derby Water Pollution Control, City of Derby, filed by Mel Thompson.(Fazekas, J.) |
| Filing 7 NOTICE TO COUNSEL NOT ADMITTED TO THE BAR OF THE US DISTRICT COURT OF CONNECTICUT Re: Local Rule 83.1 Admission of Attorneys. The above captioned case has been received and filed in our court. Please see our Local Rule 83.1 regarding Admission of Attorneys that is available on our website at www.ctd.uscourts.gov. You will not be added to the case, nor will we accept further filings until you have complied with Local Rule 83.1. If you have any questions about this procedure, please contact the Clerk's Office. Signed by Clerk on 7/1/2019.(Fazekas, J.) |
| 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 Mel Thompson, #2 Counterclaim filed by Mel Thompson, #3 Order on Pretrial Deadlines, #5 Standing Protective Order, #4 Electronic Filing Order Signed by Clerk on 6/28/2019. (Attachments: #1 Removal Standing Order)(Fazekas, J.) |
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 6/28/2019.(Fazekas, J.)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 6/28/2019.(Fazekas, J.)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 8/27/2019. Discovery due by 12/28/2019. Dispositive Motions due by 2/1/2020. Signed by Clerk on 6/28/2019.(Fazekas, J.)
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| Filing 2 COUNTERCLAIM against City of Derby Water Pollution Control, City of Derby, filed by Mel Thompson.(Fazekas, J.) |
| Filing 1 NOTICE OF REMOVAL by Mel Thompson from Superior Court, Ansonia/Milford, case number AAN-CV19-6033771-S., filed by Mel Thompson.(Fazekas, J.) (Additional attachment(s) added on 7/1/2019: #1 ADDED PDF - Civil Cover Sheet) (Fazekas, J.). |
| Filing fee received from Melvin Thompson: $400.00, receipt number 467914. (Fazekas, J.) |
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