Equivest Financial, LLC v. Bonicelli et al

Filing 36

OPINION AND ORDER: it is the ORDER, JUDGMENT, and DECREE of the court that, pursuant to 28 USC 1367(c)(3), this cause is remanded to the Circuit Court of Montgomery County, Alabama; DIRECTING the clerk to take appropriate steps to effect the remand; This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 10/18/2019. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

EQUIVEST FINANCIAL, LLC,

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)
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)
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)
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Plaintiff,
v.
JOHN JOSEPH BONICELLI,
et al.,
Defendants.

CIVIL ACTION NO.
2:18cv606-MHT
(WO)

OPINION AND ORDER
Plaintiff filed this action in the Circuit Court of
Montgomery

County,

ejectment
naming
The

and

six

United

pursuant

to

to

Alabama,

quiet

defendants,
States
28

title

to

including

removed

U.S.C.

asserting

the

real
the

action

§§ 1442(a)(1)

claims

for

property,
United
to

and

States.

this

court

(providing

for

removal of actions against the United States for acts
taken in the collection of revenue) and 1444 (providing
for removal of foreclosure actions against the United
States).

The court has original jurisdiction over the

claims against the United States pursuant to 28 U.S.C.

§ 1346(f) (“The district courts shall have exclusive
original

jurisdiction

of

civil

actions

under

[28

U.S.C.] section 2409a to quiet title to an estate or
interest
claimed

in
by

real
the

property
United

in

which

States.”);

an

interest

and

is

supplemental

jurisdiction over the remaining claims pursuant to 28
U.S.C. § 1367(a) (“[I]n any civil action of which the
district
district

courts
courts

have
shall

original
have

jurisdiction,

supplemental

the

jurisdiction

over all other claims that are so related to claims in
the action within such original jurisdiction that they
form part of the same case or controversy under Article
III of the United States Constitution.”).

Plaintiff

and the United States have now reached a settlement,
and

all

claims

dismissed.

against

the

United

States

have

been

Thus, the court has dismissed all claims

over which it had original jurisdiction.
“[D]istrict

courts

may

decline

to

exercise

supplemental jurisdiction ... if ... the district court
2

has dismissed all claims over which it has original
jurisdiction.”

28 U.S.C. § 1367(c)(3).

In deciding

whether to remand a case to state court under this
provision,
concerns

“the
of

fairness,

comity,

and

Petersburg,

judge

the

260

should

judicial

like.’”

F.3d

1260,

‘take

into

economy,
Lewis

1267

v.
(11th

account

convenience,
City
Cir.

of

St.

2001)

(citations omitted).
Having considered these factors, the court finds
that none weighs against, and several factors counsel
in favor of, remand.
more

familiar

than

Because the state court is far
this

court

with

the

handling

of

claims of ejectment and for a bill to quiet title,
judicial economy and convenience counsel in favor of
remand.

In addition, as the plaintiff originally chose

a state forum for this action, and no other party seeks
a

federal

forum,

it

is

fair

remanded.
***
3

that

the

case

now

be

Accordingly, it is the ORDER, JUDGMENT, and DECREE
of the court that, pursuant to 28 U.S.C. § 1367(c)(3),
this

cause

is

remanded

to

the

Circuit

Court

of

Montgomery County, Alabama.
The

clerk

of

the

court

is

DIRECTED

to

take

appropriate steps to effect the remand.
This case is closed in this court.
DONE, this the 18th day of October, 2019.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE