US Bank National Association v. Fernandez et al
| US Bank National Association |
| Jorge Fernandez, Cristina Fernandez, Unknown Tenant 1, Unknown Tenant 2, Mortgage Electronic Registration Systems Inc., United States Of America and Department of the Treasury Internal Revenue Service |
| 1:2022cv21850 |
| June 16, 2022 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1441 Notice of Removal-Foreclosure |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 5, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 8 Transmittal Letter Sent with Order and Docket Sheet to: 11th Judicial Circuit in and for Miami-Dade County. State Court Case Number: 19-027764-CA-010 (amb) |
Filing 7
PAPERLESS Order Remanding Case to State Court, Closing Case. On June 21, 2022, the Court entered an Order [ECF No. 6] noting the removing Defendant failed to establish diversity jurisdiction under 28 U.S.C. 1332 because he did not allege the citizenship of the other Defendants. The Court required the removing Defendant to file an Amended Notice of Removal on or before June 30, 2022, curing his failure to specifically allege all parties' citizenships for purposes of establishing diversity jurisdiction. See Akkan v. Nationstar Mortg., LLC, No. 1:16-CV-1999, 2017 WL 382616, at *3 n.8 (N.D. Ga. Jan. 27, 2017). To date, the removing Defendant has failed to do so. Accordingly, this action is hereby REMANDED to the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. This case is closed and any pending motions are denied as moot. Motions terminated: #3 MOTION to Pay Filing Fees in Installment filed by Jorge Fernandez. Signed by Judge Darrin P. Gayles on 7/1/2022. (ed00)
|
| Set/Reset Deadlines/Hearings per DE 6 Paperless Order. Amended Complaint due by 6/30/2022. (amb) |
|
Filing 6
PAPERLESS ORDER re #1 Notice of Removal (State Court Complaint) filed by Jorge Fernandez. Upon review of the Notice, the Court observes several deficiencies. First, Defendant fails to allege the citizenship of the other Defendants and therefore fails to establish diversity jurisdiction under 28 U.S.C. 1332. To the extent he bases removal on federal question jurisdiction, there is no federal question on the face of the well-pleaded complaint, which alleges one state-law claim of mortgage foreclosure. See U.S. Bank, Nat'l Ass'n v. Titans Grp. of Seminole Cnty., Fla., No. 6:19-CV-1434, 2019 WL 11505057 (M.D. Fla. Nov. 22, 2019), report and recommendation adopted, No. 6:19-CV-1434, 2019 WL 11505058 (M.D. Fla. Dec. 10, 2019). Additionally, there appear to be procedural defects under the forum defendant rule and the rule of unanimity. See 28 U.S.C. 1441(b)(2), (c).Accordingly, on or before June 30, 2022, the removing Defendant shall file an Amended Notice of Removal, curing his failure to specifically allege all parties' citizenships for purposes of establishing diversity jurisdiction. See Akkan v. Nationstar Mortg., LLC, No. 1:16-CV-1999, 2017 WL 382616, at *3 n.8 (N.D. Ga. Jan. 27, 2017). Failure to properly allege each parties' citizenship will result in an order remanding this case to the state court. Signed by Judge Darrin P. Gayles on 6/21/2022. (ed00)
|
|
Filing 5
PAPERLESS ORDER. On or before July 15, 2022, the parties shall separately refile any pending motions previously filed in state court. Signed by Judge Darrin P. Gayles on 6/17/2022. (ed00)
|
| Filing 4 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 6/17/2022. (ed00) |
| Filing 3 MOTION to Pay Filing Fees in Installment by Jorge Fernandez. (scn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (scn) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Verified Complaint to Foreclose Mortgage) Filing fee $402.00 - NOT PAID, filed by Jorge Fernandez. (Attachments: #1 State Court Documents, #2 Civil Cover Sheet)(scn) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
