Bank of America, N.A. v. Fulcrum Enterprises, L.L.C.

Filing

NON DISPOSITIVE UNPUBLISHED OPINION FILED. Judge: CES , Judge: CH , Judge: NJB Awaiting District Court Action deadline due on 08/28/2015 Case 14-20532 placed in abeyance for limited remand in 4:12CV313 from the Southern District of Texas [14-20532]

Case: 14-20532

Document: 00513067612
00513097667

Page: 1

Date Filed: 06/04/2015
06/29/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-20532
BANK OF AMERICA, N.A.,
Plaintiff – Appellee,

v.
FULCRUM ENTERPRISES, LLC,

Defendant - Appellant

Appeal from the United States District Court
for the Southern District of Texas
Before STEWART, Chief Judge, HAYNES, Circuit Judge, and BROWN,
District Judge.*
ORDER:
This case is before this court on Fulcrum Enterprises, LLC’s appeal of
the district court’s judgment. In the district court, Plaintiff asserted
jurisdiction based upon diversity of citizenship, which was not challenged. On
appeal, we raised, sua sponte, the question of the citizenship of Fulcrum
Enterprises, LLC’s members. See Harvey v. Grey Wolf Drilling Co., 542 F.3d
1077, 1080 (5th Cir. 2008). Following supplemental briefing and discussion at
oral argument, and pursuant to 28 U.S.C. § 1653, which allows amendment
of jurisdictional allegations on appeal, we entered an order directing Fulcrum

*

District Judge of the Eastern District of Louisiana, sitting by designation.

Case: 14-20532

Document: 00513067612
00513097667

Page: 2

Date Filed: 06/04/2015
06/29/2015

No. 14-20532
Enterprises, LLC to file a letter brief in this court stating the state(s) of
citizenship of each of its members. Following receipt of that letter brief, we
enter an order as follows:
IT IS ORDERED that, no later than ten days from the date of this
order, Plaintiff-Appellee Bank of America, N.A. shall file in this court a letter
brief responding to the letter brief filed by Fulcrum Enterprises, LLC. The
Clerk of Court will deem the case submitted for decision following receipt of
the ordered information.

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