Sifontes v. Public Trustee of Boulder County et al

Filing 9

ORDER REMANDING CASE. This action is REMANDED to the Boulder County District Court, by Judge Marcia S. Krieger on 12/16/2010. (wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 10-cv-02983-MSK TRACI SIFONTES, Plaintiff, v. PUBLIC TRUSTEE OF BOULDER COUNTY; CHASE HOME FINANCE LLC; CASTLE MEINHOLD & STAWIARSKI LLC; ELIZABETH MARCUS; and DEANNA WESTFALL, Defendants. ORDER REMANDING CASE THIS MATTER comes before the Court sua sponte. The Plaintiff commenced this action in the Boulder County District Court. The Notice of Removal asserts that the Complaint alleges a claim for relief premised upon a question of federal law, that gives rise to federal court jurisdiction in accordance with 28 U.S.C. § 1331. Neither the Notice of Removal nor the underlying complaint specifically identify the federal law or issue. Both casually refer to a federal program, identified as the "Federal Home Affordable Modification Program." but neither states the statute under which the program was created, the statute that gives federal courts jurisdiction to resolve controversies associated with the program or the statute under which the Plaintiff requests relief. As a consequence, the Court cannot determine that a federal question exists.

IT IS THEREFORE ORDERED that this action is REMANDED to the Boulder County District Court. DATED this 16th day of December, 2010. BY THE COURT:

Marcia S. Krieger United States District Judge