BAC HOME LOANS SERVICING, LP v. LOWERY et al
Filing
25
ENTRY: Lowery shall have through November 16, 2010, in which to demonstrate that removal was proper by establishing that this is a "civil action...of which the district courts of the United States have original jurisdiction." 28 U.S.C. § 1441(a) ***SEE ENTRY***. Signed by Judge William T. Lawrence on 11/1/2010.(DWH) Modified on 11/1/2010 (DWH).
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BAC HOME LOANS SERVICING, LP v. LOWERY et al
Doc. 25
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA BAC HOME LOANS SERVICING, LP, Plaintiff, vs. LEVELLE LOWERY a/k/a LAVELLE LOWERY, et al., Defendants. ) ) ) ) ) ) ) ) )
1:10-cv-940-WTL-DML
ENTRY
"When a plaintiff files in state court a civil action over which the federal district courts would have original jurisdiction based on diversity of citizenship, the defendant or defendants may remove the action to federal court . . . ." Caterpillar Inc. v. Lewis, 519 U.S. 61, 68 (1996); see 28 U.S.C. § 1441. The removing party bears the burden of demonstrating removal was proper. Schur v. L.A. Weight Loss Centers, Inc. 577 F.3d. 752, 758 (7th Cir. 2009). A plaintiff objecting to the removal may file a motion asking the district court to remand the case to state court. Caterpillar, 519 U.S. at 69. The plaintiff in this foreclosure action has filed such a motion. The burden therefore rests on the removing partyLavelle Loweryto demonstrate that removal was proper. Lowery shall have through November 16, 2010, in which to demonstrate that removal was proper by establishing that this is a "civil action . . . of which the district courts of the United States have original jurisdiction." 28 U.S.C. § 1441(a).
IT IS SO ORDERED.
Date:
11/01/2010 _______________________________ Hon. William T. Lawrence, Judge United States District Court Southern District of Indiana
Dockets.Justia.com
Distribution:
Robert Steven Kruszynski UNTERBERG & ASSOCIATES robert.kruszynski@unterlaw.com Michael J. Kulak UNTERBERG & ASSOCIATES PC bankruptcy@unterlaw.com Levelle Lowery 8839 Timberwood Drive Indianapolis, IN 46234 Bill Lowery 8839 Timberwood Drive Indianapolis, IN 46234
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