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


NON DISPOSITIVE UNPUBLISHED OPINION FILED.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]

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Case: 14-20532 Document: 00513059947 00513097668 Page: 1 Date Filed: 05/29/2015 06/29/2015 Jeremy Gaston 713-658-9007 (direct & fax) May 29, 2015 Via E-Filing Office of the Clerk United States Court of Appeals for the Fifth Circuit 600 S. Maestri Place New Orleans LA 70130 Re: Case No. 14-20532 (Bank of America, N.A. v. Fulcrum Enterprises, L.L.C.) Dear Sir/Madam: On April 29, 2015, this Court ordered my client, defendant-appellant Fulcrum Enterprises, LLC (“Fulcrum”) to disclose the States of citizenship of its members for purposes of determining whether the district court had diversity jurisdiction over this matter. I relayed this request to my client representative, Mr. Allan Groves. In addition, because plaintiff-appellee Bank of America, N.A. filed its original complaint against Fulcrum on February 1, 2012 (see ROA.11), I asked Mr. Groves to determine the citizenship of Fulcrum’s members as of that date. See Grupo Dataflux v. Atlas Global Group, L.P., 541 U.S. 567, 571 (2004) (time-of-filing rule). Mr. Groves investigated and reported back as follows: As of [February 1, 2012], the members of Fulcrum Enterprises, LLC were citizens of the following States: Georgia, Nevada, New York, and North Carolina. See Declaration of Allan Groves ¶ 4 (attached); 28 U.S.C. § 1746 (allowing declarations in lieu of affidavits).1 Because Bank of America, N.A. is a citizen of North Carolina, the district court lacked diversity jurisdiction over this matter. 28 U.S.C. § 1332. Sincerely, /s/ Jeremy Gaston Jeremy Gaston Counsel for Appellant Fulcrum Enterprises, L.L.C. 1 The numbering of the declaration’s paragraphs skips from 2 to 4, which is a typo. Case: 14-20532 Document: 00513059947 00513097668 Page: 2 Date Filed: 05/29/2015 06/29/2015 Case: 14-20532 Document: 00513059947 00513097668 Page: 3 Date Filed: 05/29/2015 06/29/2015 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing letter was served by ECF on May 29, 2015 on the following counsel of record for appellee: Michael J. McKleroy, Jr. AKERMAN SENTERFITT, LLP 2001 Ross Avenue, Suite 2550 Dallas, TX 75201 /s/ Jeremy Gaston Jeremy Gaston 2

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