BB 316 INVESTMENTS, LLC v. ANN BRIGGS et al
| BB 316 INVESTMENTS, LLC |
| ANN BRIGGS, MANAHAWKING COIN LAUNDRY, ABC CORPORATION #1-10 and UNKNOWN TENANTS |
| 2:2022cv00976 |
| July 5, 2022 |
| US District Court for the Western District of Pennsylvania |
| Arthur J Schwab |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on August 3, 2022. A more recent docket listing may be available from PACER.
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Filing 9
ORDER REMANDING CASE TO STATE COURT AND CLOSING CASE - (duplicate) of 8 Text Order. Signed by Judge Arthur J. Schwab on 8-3-22. (nam)
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Filing 8
ORDER remanding case to state court - Superior Court, New Jersey (Ocean County). This Court, by Show Cause Order of 7/11/22, required removing Defendant to properly file the complete Complaint as filed in state court, by 7/22/22. Doc. no. 4 The entire Complaint has not been filed, but instead, Defendant has filed an Amended Answer, attempting to confer diversity jurisdiction upon this Court through her own allegations, and adding her husband as a Defendant. Doc. no. #7 . The Court must satisfy itself that it properly maintains jurisdiction over this matter. As previously addressed in the Show Cause Order, this Court finds that the amount in controversy is wholly deficient in order to confer diversity jurisdiction upon this Court, as jurisdiction is determined based upon the well pleaded allegations in the Complaint (not on the basis of Defendant's "crossclaims" or "counterclaims" in the context of a removal). 28 U.S.C. Section 1332(b). Accordingly, this case is remanded to Ocean County, New Jersey (state court) forthwith, and the Clerk of Court shall mark the docket closed. Signed by Judge Arthur J. Schwab on 8-1-22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nam)
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| Filing 7 AMENDED ANSWER by ANN BRIGGS. (Attachments: #1 Civil Cover Sheet, #2 Envelope) (lar) |
| Filing 5 Remark: Correspondence to the Court (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Envelope) (lar) |
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Filing 4
ORDER TO SHOW CAUSE directing Pro-Se Defendant Ann Briggs to properly file the entire Original Complaint, in order for this Court to promptly determine (sua sponte) whether jurisdiction properly lies before this Court. Looking at the face of the (incomplete) removal documents, Defendant Ann Briggs removed this case from the Superior Court of New Jersey (Ocean County) on what appears to be a unpaid property tax lien in the amount of approximately $21,231.51, without complete diversity of jurisdiction. This lawsuit appears to be deficient jurisdictionally because it involves Plaintiff and Defendants, who are residents of New Jersey, on property located in New Jersey (Defendant Ann Briggs is a Pennsylvania resident who removed this case) and the amount in controversy is approximately $21,000.00, which is well below the jurisdictional threshold. The Court ORDERS Defendant Briggs to properly file the entire Original Complaint by 7/22/2022 and to promptly serve this Order on all Defendants, who may file any proper Motions to Remand by 7/25/22. Signed by Judge Arthur J. Schwab on 7-11-22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nam)
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Filing 3
ORDER Re: Federal Rule of Civil Procedure 12(b) Motions to Dismiss. Signed by Judge Arthur J. Schwab on 7/6/22. (ms)
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| Filing 2 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (ms) |
| Filing 1 NOTICE OF REMOVAL from Ocean County, NJ, case number F-5880-22 with Jury Demand Copies attached: Civil Case Information Statement, Compliant, Answer (Filing fee, including Administrative fee, $402, receipt number 24668075697), filed by ANN BRIGGS. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Receipt) (lar) |
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