AOM Group, LLC v. Countrywide Home Loans, Inc., et al.

Filing 14

ORDER that Plaintiff's 8 Motion to Remand is denied without prejudice; further ordered that Plaintiff's Request for an Award of Costs and Attorney Fees is denied. Signed by Judge G Murray Snow on 03/11/10. (ESL)

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WO NOT FOR PUBLICATION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

AOM Group, LLC, Trustee of Goodyear) Land Trust, James Scrivano and Jeri R.) ) Scrivano Beneficiaries, ) ) Plaintiff, ) ) vs. ) ) Countrywide Home Loans, Inc., et al., ) ) ) Defendants. ) )

No. CV-10-00514-PHX-GMS ORDER

Pending before the Court is Plaintiff's Emergency Motion to Remand and Request for an Award of Attorney Fees and Costs. (Dkt. # 8.) For the following reasons, the Court denies the Motion and the requested attorney fees. DISCUSSION On February 2, 2010, Plaintiff AOM Group ("Plaintiff") filed a Complaint in Maricopa State Court alleging eighteen causes of action against the following defendants: Countrywide Home Loans, Inc.; Fidelity National Title Insurance Company; Perry and Shapiro, LLP; Recontrust Company; Mortgage Electronic Registration Systems, Inc.; Ocwen Loan Servicing, LLC; and Federal Home Loan Mortgage Corporation (otherwise known as "Freddie Mac"). (Dkt # 8, Ex. A at 1.) Defendants subsequently filed a Notice of Removal, alleging that this Court has federal question jurisdiction pursuant to 28 U.S.C. § 1331. (Dkt. # 1.)

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Federal district courts have original jurisdiction in actions "arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1331. For purposes of removal jurisdiction, the Court must look at the case as of the time of removal. See Wisconsin Dept. Of Corrections v. Schacht, 525 U.S. 381, 390 (1998). When this case was removed from Maricopa County Superior Court, Plaintiff explicitly alleged that Defendants violated five federal statutes: (1) the Home Equity Protection Act, 15 U.S.C. § 1639 et seq.; (2) the Real Estate Settlement Procedures Act, 12 U.S.C. § 2601 et seq.; (3) the Truth-in-Lending Act, 15 U.S.C. § 1605 et seq.; (4) the Fair Credit Reporting Act, 15 U.S.C. § 1681; and (5) the Fair Debt Collection Practices Act, 15 U.S.C. 1692. And while Plaintiffs have filed an Amended Complaint, removing their federal claims (see Dkt. # 11), jurisdiction was still proper at the time of removal. See Schacht, 525 U.S. at 390. Additionally, because Plaintiff alleged its claims against Freddie Mac, removal of this action to federal court was proper under 12 U.S.C. § 1452(f). See Am. Bankers Mortg.Corp. v. Fed. Home Loan Mortg., 75 F.3d 1401, 1408 (9th Cir. 1996) (observing that federal courts have original jurisdiction over civil actions involving Freddie Mac); see also Ely Valley Mines, Inc. v. Hartford Accident and Indem. Co., 644 F.2d 1310, 1314­15 (9th Cir. 1981) (holding that a federal officer or agency may unilaterally remove an entire case to federal court under 28 U.S.C. § 1442). Accordingly, Plaintiff's Motion to Remand is without merit. Nevertheless, because federal courts are required to remand cases when it becomes clear that they lack subjectmatter jurisdiction, see 28 U.S.C. § 1447(c), the Court will deny Plaintiff's Motion without prejudice to its refiling should it become clear that the Court lacks jurisdiction over this matter. IT IS THEREFORE ORDERED that Plaintiffs Motion for Remand is DENIED without prejudice. /// ///

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IT IS FURTHER ORDERED that Plaintiff's Request for an Award of Costs and Attorney Fees is DENIED. DATED this 11th day of March, 2010.

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