NATIONSTAR MORTGAGE LLC v. DEMERS

Filing 24

ORDER adopting the Magistrate Judge's 21 Report and Recommendation. Plaintiff's 5 Motion to Remand to State Court is GRANTED and this matter is hereby remanded to the state court from which it was removed. The Clerk of Court is directed to close the file. Signed by CHIEF JUDGE M CASEY RODGERS on 7/16/2015. (djb)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

NATIONSTAR MORTGAGE, LLC,
Plaintiff,
v.

Case No. 3:14cv494/MCR/CJK

TONA M. DeMERS;
Defendant,
v.
OCWEN LOAN SERVICING, LLC,
Counter-defendant.
_______________________________/
ORDER
Pending before the Court is the Magistrate Judge’s Report and Recommendation
dated April 29, 2015 (doc. 21). The parties have been furnished a copy of the Report and
Recommendation and have been afforded an opportunity to file objections pursuant to Title
28, United States Code, Section 636(b)(1). The Court has made a de novo determination
of the timely filed objections (doc. 22). The objections are based on Defendant Demers’s
disagreement with the Magistrate Judge’s determination of the facts. Because the record
reflects that DeMers was on notice that the state court had granted a motion to amend the
complaint at least by May 29, 2014,1 the removability of the case was ascertainable at that
time, and removing the case on September 19, 2014, was well outside the thirty-day
window for timely removal. Additionally, the Court agrees with the Magistrate Judge’s

1

In an em ail DeMers drafted, she acknowledged she had received the state court’s order allowing
the am endm ent as of "late May" 2014, and on June 16, 2014, she filed a m otion in the state court confirm ing
that she had received the order granting leave to am end on May 29, 2014.

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determination that the removal is also barred by the one-year rule because the state court
complaint was originally filed in January 2010, and no bad faith has been shown.
Therefore, the objections are overruled and the Report and Recommendation is due to be
adopted.
Accordingly, it is now ORDERED as follows:
1.

The Magistrate Judge’s Report and Recommendation is adopted and

incorporated by reference in this Order.
2.

Plaintiff’s Motion to Remand (doc. 5) is GRANTED and this matter is hereby

remanded to the state court from which it was removed.
3.

The Clerk of Court is directed to close the file.

DONE AND ORDERED this 16th day of July, 2015.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No. 3:14cv494/MCR/CJK