Citimortgage, Inc. v. Greifenberger et al

Filing 7

ORDER remanding the action; directing the Clerk to MAIL a copy of this order to the state court clerk, to TERMINATE any pending motion, and to CLOSE the case. Signed by Judge Steven D. Merryday on 1/16/2015. (BK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
CITIMORTGAGE, INC.,
Plaintiff,
v.

CASE NO. 8:14-cv-3051-T-23EAJ

FRANCES GREIFENBERGER, et al.,
Defendants.
_______________________________/

ORDER
In 2011, the plaintiff sued (Doc. 2) the defendants in state court for “mortgage
foreclosure.” Citing jurisdiction conferred by 28 U.S.C. § 1331, the defendant
removed (Doc. 1) on December 8, 2014. The defendant asserts that this action
“involves disputes arising under the Title 15 of the United States Code, specifically,
the Fair Debt Collection Practices Act and the Fair Credit Reporting Act.” (Doc. 3
at 1) However, the defendant cites no count in the complaint that relies on either
statute, and a review of the complaint reveals no claim under either statute. The
remainder of the defendant’s notice of removal demonstrates the defendant’s belief
that a federal defense or counterclaim invokes jurisdiction under Section 1331. The
defendant is mistaken. Wright & Miller, Federal Practice and Procedure, Vol. 13D,
§ 3556 (3d ed. 2014) (“There are four implications to the well-pleaded complaint rule.
First, it bars invoking jurisdiction on the basis of a federal defense raised by the

defendant’s answer. . . . Third, the well-pleaded complaint rule precludes
consideration of a counterclaim — even a compulsory counterclaim — in
determining whether a case invokes federal-question jurisdiction.”).
Under 28 U.S.C. § 1447(c), this action is REMANDED for failure of the
removing party to invoke federal jurisdiction. The clerk is directed (1) to mail, as
required by Section 1447(c), a certified copy of this order to the clerk of the Circuit
Court for Hernando County, (2) to terminate any pending motion, and (3) to close
the case.
ORDERED in Tampa, Florida, on January 16, 2015.

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