Woelfer et al v. Ocwen Loan Servicing, LLC

Filing 11

MEMORANDUM AND ORDER Directing the Defendant to respond on or before May 6, 2014 addressing the question that this case has been properly removed. Signed by Judge James K. Bredar on 14-0907. (bas, Deputy Clerk) .

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
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KENNETH WOELFER et al.,

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Plaintiffs

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v.

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OCWEN LOAN SERVICING, LLC,
Defendant
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CIVIL NO. JKB-14-907

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MEMORANDUM AND ORDER
This case may not have been timely removed from Maryland state court, based on the
content of Defendant’s notice of removal as well as Defendant’s response to the Court’s standing
order regarding removal on when it was served in relation to when Defendant filed its notice of
removal. (Notice of Removal, Mar. 24, 2014, ECF No. 1 (“Ocwen received a copy of the
Complaint on February 21, 2014.”); Def.’s Statement in Response to Standing Order Concerning
Removal ¶ 1, ECF No. 9 (“Upon information and belief, Plaintiff appears to have served Ocwen
on or about February 21, 2014.”).) Plaintiffs have filed their own response to the Court’s
standing order on removal and have attached an affidavit showing service was made on
February 21, 2014, via certified mail on CSC Lawyers Incorporating Service Company in
Baltimore, Maryland. (Pls.’ Statement in Response to Standing Order Concerning Removal, ¶ 1,
and Ex. 1, Affidavit of Service of Process, ECF No. 10.) Plaintiffs therefore request that the case
be remanded to state court. (Pls.’ Statement 2.) The Court will treat Plaintiffs’ filing as a motion
to remand.

Accordingly, it is hereby ORDERED, Defendant shall respond on or before May 6, 2014,
and shall address the question of whether this case has been properly removed pursuant to
federal statute, 28 U.S.C. § 1446(b). Failure to respond to this order will subject this case to
being remanded without further notice.
DATED this 21st day of April, 2014.

BY THE COURT:

/s/
James K. Bredar
United States District Judge

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