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)

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
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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

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