Siebert et al v. The Bank of New York Mellon, f/k/a The Bank of New York, as successor to JP Morgan Chase Bank, National Association (As Trustee)

Filing 9

ORDER Construing 5 Objection filed by Kimberly J. Siebert a/k/a Kimberly J. Shorter-Siebert, Kenneth Siebert as a Motion to Remand and Denying Motion. Signed by District Judge Arthur J. Tarnow. (DTof)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KENNETH SIEBERT, ET AL., Case No. 18-11809 Plaintiffs, SENIOR UNITED STATES DISTRICT JUDGE ARTHUR J. TARNOW v. BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK, AS SUCCESSOR TO JP MORGAN CHASE BANK, NATIONAL ASSOCIATION (AS TRUSTEE), MAGISTRATE JUDGE MONA K. MAJZOUB Defendant. / ORDER CONSTRUING PLAINTIFFS’ OBJECTION [5] AS A MOTION TO REMAND AND DENYING MOTION On May 1, 2018, Plaintiffs Kenneth Siebert and Kimberly Shorter Siebert filed a Complaint [Dkt. 1-2] against Defendant Trustee The Bank of New York Mellon (“BONY”) in Wayne County Circuit Court. Plaintiffs allege violations of Michigan’s usury statutes and the Michigan Consumer Protection Act (“MCPA”), as well as wrongful foreclosure. Defendant Trustee removed the case to this Court on June 6, 2018. One month later, Plaintiffs filed an Objection to Removal [5], arguing that the amount Page 1 of 2 in controversy is less than the threshold amount of $75,000. They asked the Court to remand the case back to Wayne County Circuit Court. The Court met with counsel for both parties during a status conference on July 25, 2018. During the conference, Plaintiffs’ counsel decided to withdraw his objection to removal. The Court construes Plaintiffs’ Objection to Removal as a motion for remand. Bobel v. Met Life Home Loans, Inc., No. 11–10574, 2011 WL 1831741, at *1 (E.D. Mich. May 13, 2011). Because Defendant Trustee has established that the amount in controversy more likely than not exceeds the $75,000 threshold, and there is otherwise no objection to removal, IT IS ORDERED that Plaintiffs’ motion to remand is DENIED. SO ORDERED. s/Arthur J. Tarnow Dated: July 26, 2018 Arthur J. Tarnow Senior United States District Judge Page 2 of 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?