Cuevas v. U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust et al
| Felix Luis Cuevas-Rodriguez |
| U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust and Peter J. Brady |
| 3:2018cv12165 |
| October 17, 2018 |
| US District Court for the District of Massachusetts |
| Mark G Mastroianni |
| Katherine A Robertson |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 20 Remark: This case is remanded to the Hampden County Superior Court, this court's original records has been sent, including a certified copy of this court's electronic order remanding this case and the docket sheet, all documents sent to the Clerk's Office at 50 State Street, Springfield, MA 01103 (Lindsay, Maurice) |
| Filing 19 Copy re 17 Order Remanding, #18 Order of Remand to the State Court mailed to Felix Luis Cuevas-Rodriguez on 11/14/18, sent to 500 East Adams Street,Jacksonville, FL 032202 address. (Lindsay, Maurice) |
| Filing 18 Judge Mark G. Mastroianni: ORDER entered. ORDER OF REMAND to the State Court. (Lindsay, Maurice) |
| Filing 17 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered re: #1 Notice of Removal and #16 U.S. Bank's Filing Relating to Order to Show Cause. On November 7, 2018, the court issued an Order to Show Cause directing U.S. Bank to "show cause why this action should not be remanded to state court for lack of subject matter jurisdiction" in light of U.S. Bank's unsupported assertion that Plaintiff is a citizen of Florida for diversity purposes due to his incarceration there. See Hall v. Curran, 599 F.3d 70, 72 (1st Cir. 2010) ("In cases involving prisoners, the courts presume that the prisoner remains a citizen of the state where he was domiciled before his incarceration, even if he is subsequently incarcerated in a different state."). The court explained that U.S. Bank bears the burden of demonstrating federal jurisdiction and failure to do so would result in remand to state court. On November 13, 2018, U.S. Bank notified the court "that it has reached a tentative settlement with Plaintiff" and, "[a]s a result, it does not plan to file a response to the Court's Order." (Dkt. No. #16 .) Accordingly, the court finds it does not have subject matter jurisdiction over this action and hereby REMANDS this action back to Hampden County Superior Court. The parties are of course free to settle this dispute, but in the absence of subject matter jurisdiction this case may not remain in federal court. (Lindsay, Maurice) |
| Filing 16 NOTICE by U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust re 15 Copy Mailed (O'Neill, Thomas) |
| Filing 15 Copy re #14 Order to Show Cause, mailed to Felix Luis Cuevas-Rodriguez on 11/7/18 sent to his 500 East Adams Street, Jacksonville, FL 032202 address. (Lindsay, Maurice) |
| Filing 14 Judge Mark G. Mastroianni: ORDER entered. ORDER TO SHOW CAUSE why this action should not be remanded to state court for lack of subject matter jurisdiction. U.S. Banks filing is due on November 13, 2018. Failure to file a response to this order by November 13, 2018, will result in remand to state court. See the attached order for complete details. (Lindsay, Maurice) |
| Filing 13 ELECTRONIC NOTICE of Case Re-Assignment. Judge Mark G. Mastroianni assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Katherine A. Robertson. (Finn, Mary) |
| Filing 12 MOTION for Leave to File Amended Complaint & Plaintiff's Opposition to Defendants Motion to Dismiss for Failure to State a Claim by Felix Luis Cuevas-Rodriguez. (Attachments: #1 Exhibit A) (Figueroa, Tamara) |
| Filing 11 Refusal to Consent to Proceed Before a US Magistrate Judge. . (O'Neill, Thomas) |
| Filing 10 AMENDED DOCUMENT by U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust. Amendment to #9 Memorandum in Support of Motion, Corrected Exhibits A-F. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F)(O'Neill, Thomas) |
| Filing 9 MEMORANDUM in Support re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(O'Neill, Thomas) |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust.(O'Neill, Thomas) |
| Filing 7 Remark: Certified copy of the Notice of Removal mailed on 10/22/18 to Defendant's counsel for service on the State Court in order to obtain the Certified State Court record. (Figueroa, Tamara) |
| Filing 6 Set/Reset Deadlines: Response to Complaint by Peter J. Brady and U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust due 11/17/2018. (Healy, Bethaney) |
| Filing 5 NOTICE of Case Assignment. Magistrate Judge Katherine A. Robertson assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Healy, Bethaney) |
| Filing 4 Case transferred to Western Division (Springfield).(Burgos, Sandra) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust. (O'Neill, Thomas) |
| Filing 2 NOTICE OF REMOVAL by U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust ( Filing fee: $ 400, receipt number 0101-7368298 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet, #9 Category Form)(O'Neill, Thomas) |
| Filing 1 NOTICE of Appearance by Thomas J. O'Neill on behalf of U.S. Bank Trust, N.A., As Trustee for LSF9 Master Participation Trust (O'Neill, Thomas) |
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