The Bank of New York Mellon Trust et al v. Sprouse et al

Filing 18

ORDER. Defendant John Sprouse no later than December 30, 2014, shall SHOW CAUSE as to whether the Court has subject matter jurisdiction in this action. If Sprouse fails to comply with this Order, the Court will remand this action back to Florida state court without further notice. The Clerk is directed to mail a copy of this Order to Sprouse. Signed by Judge Sheri Polster Chappell on 12/9/2014. (LMF)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as successorin-interest to JPMorgan Chase Bank, N.A. f/k/a JPMorgan Chase Bank, as Trustee for MASTR Adjustable Rate Mortgages Trust 2004-8, Mortgage Pass-Through Certificates, Series 20048 Plaintiff, v. Case No: 2:14-cv-591-FtM-38DNF JOHN W. SPROUSE, JOHN SPROUSE, DEEP CREEK CIVIC ASSOCIATION, INC., SECTION 20 PROPERTY OWNERS ASSOCIATION, INC., UNKNOWN BENEFICIARIES OF THE 239 RIO DE JANEIRO TRUST DATED DECEMBER 18, 2004, JOHN SPROUSE, ANY AND ALL UNKNOWN PARTIES, TENANT ’35; 1 and TENANT ’35; 2, Defendants. / ORDER1 This matter comes before the Court on review of the docket. Defendant John Sprouse removed this matter to federal court on October 14, 2014, pursuant to 28 U.S.C. § 1331, federal question jurisdiction. (Doc. #1; Doc. #2). Sprouse asserts federal question 1 Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or Web sites. These hyperlinks are provided only for users’ convenience. Users are cautioned that hyperlinked documents in CM/ECF are subject to PACER fees. By allowing hyperlinks to other Web sites, this court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the court. jurisdiction exists because this action “involves disputes arising under Title 15 of the United States Code, specifically, the Fair Debt Collection Practices Act and the Fair Credit Reporting Act, along with Florida versions of these same statutes.” (Doc. #2). A review of Plaintiff’s Amended Complaint, however, reveals there is no claim in the operative complaint that is brought pursuant to federal law. (See Doc. #11). This is problematic because the Supreme Court of the United States has found, “[t]he presence or absence of federal-question jurisdiction is governed by the ‘well-pleaded complaint rule,’ which provides that federal question jurisdiction exists only when a federal question is presented on the face of the plaintiff’s properly pleaded complaint.” Caterpillar Inc. v. Williams, 482 U.S. 386, 392 (1987) (citation omitted). Consequently, since there is no federal question presented in the operative complaint it is unclear whether the Court had proper jurisdiction to facilitate this case at the time of removal. Adventure Outdoors, Inc. v. Bloomberg, 552 F.3d 1290, 1294-95 (11th Cir. 2008) (“The existence of federal jurisdiction is tested at the time of removal”) (citing Whitt v. Sherman Int’l Corp., 147 F.3d 1325, 1332 (11th Cir. 1998)). Therefore, the Court will require Sprouse to show cause as to whether the Court has subject matter jurisdiction in this action. See generally Leonard v. Enter. Rent a Car, 279 F.3d 967, 972 (11th Cir. 2002) (“A removing defendant bears the burden of proving proper federal jurisdiction.”). Accordingly, it is now ORDERED: Defendant John Sprouse no later than December 30, 2014, shall SHOW CAUSE as to whether the Court has subject matter jurisdiction in this action. If Sprouse fails to 2 comply with this Order, the Court will remand this action back to Florida state court without further notice. The Clerk is directed to mail a copy of this Order to Sprouse. DONE and ORDERED in Fort Myers, Florida, this 9th day of December, 2014. Copies: All Parties of Record 3

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