NATIONSTAR MORTGAGE LLCS v. FELIPE
| Nationstar Mortgage LLC |
| EUNICE FELIPE |
| 1:2018cv23594 |
| September 1, 2018 |
| US District Court for the Southern District of Florida |
| Marcia G Cooke |
| Real Property: Foreclosure |
| 12 U.S.C. ยง 0191 |
| None |
Docket Report
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This docket was last retrieved on September 28, 2018. A more recent docket listing may be available from PACER.
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Filing 8
ORDER REMANDING CASE to State Court. Closing Case. Signed by Judge Marcia G. Cooke on 9/28/2018. See attached document for full details. (smz)
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| Filing 7 NOTICE by EUNICE FELIPE re 6 Order to Show Cause,, 5 Order to Show Cause,,,,,, (Jean-Francois, James) |
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Filing 6
ENDORSED ORDER TO SHOW CAUSE: In addition to the manifold concerns laid out in my previous 5 Endorsed Order, I note that Defendant Eunice Felipe fails to identify each constituent member of Plaintiff Nationstar Mortgage LLC, and fails to allege the citizenship of each member. See Rolling Greens MHP, LP v. Comcast SCH Holdings, LLC, 374 F.3d 1020, 1022 (11th Cir. 2004) ("To sufficiently allege the citizenships of... unincorporated business entities, a party must list the citizenships of all the members of the limited liability company."). Show Cause Response due by 9/21/2018. Signed by Judge Marcia G. Cooke on 9/14/2018. (smz)
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Filing 5
ENDORSED ORDER TO SHOW CAUSE: This matter is before me upon a sua sponte review of the record. On September 1, 2018, Defendant Eunice Felipe ("Felipe") filed a #1 Notice of Removal, asserting diversity jurisdiction under 28 U.S.C. 1332(a). The Court is not satisfied that Felipe has sufficiently alleged such jurisdiction. First, "[a] civil action otherwise removable solely on the basis of the jurisdiction under section 1332(a)... 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). The instant action was brought in Florida, and Felipe states that she is "a citizen of the State of Florida." Second, in what appears to be a multi-defendant action, Felipe has not alleged the citizenship of any other defendant. See, e.g., Caterpillar Inc. v. Lewis, 519 U.S. 61, 68 (1996) (diversity jurisdiction "applies only to cases in which the citizenship of each plaintiff is diverse from the citizenship of each defendant"). Third, Felipe has not established that "all defendants who have been properly joined and served" have "join[ed] in or consent[ed] to the removal of the action." 28 U.S.C. 1446(b)(2)(A). Accordingly it is ORDERED and ADJUDGED that Felipe shall SHOW CAUSE, no later than September 21, 2018, why this case should not be dismissed for lack of subject matter jurisdiction. Signed by Judge Marcia G. Cooke on 9/14/2018. (smz)
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| Filing 4 NOTICE by EUNICE FELIPE re 3 Clerks Notice to Filer re: Electronic Case (Attachments: #1 Exhibit State Case being transfer) (Jean-Francois, James) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. State Court Records not included. Filer is instructed to file a Notice (Other) with the State Court Records attached within 24 hours. (dj) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (dj) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Removal) Filing fee $ 400.00 receipt number 113C-10962372, filed by EUNICE FELIPE. (Attachments: #1 Civil Cover Sheet, #2 Exhibit motion for enlargement of time)(Jean-Francois, James) |
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| Plaintiff: Nationstar Mortgage LLC | |
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| Defendant: EUNICE FELIPE | |
| Represented By: | James Gerald Jean-Francois |
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