Bremer Bank, National Association v. Holter et al

Filing 2

ORDER remanding case to the Minnesota District Court for the Fourth Judicial District (Written Opinion). Signed by Senior Judge David S. Doty on 12/20/2012. (PJM)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 12-3142(DSD/JJG)
Bremer Bank, National
Association,
Plaintiff,
ORDER

v.
George C. Holter, John Doe,
Mary Roe,
Defendants.

This matter is before the court sua sponte.

“Federal courts

are courts of limited, not general jurisdiction,” and as a result
the

court

“has

jurisdiction.”
1991).

a

special

obligation

to

consider

its

own

Thomas v. Basham, 931 F.2d 521, 522-23 (8th Cir.

The removing party bears the burden to establish the

existence of subject-matter jurisdiction.

See Altimore v. Mount

Mercy Coll., 420 F.3d 763, 768 (8th Cir. 2005).
Defendants removed this eviction proceeding from Minnesota
state court pursuant to 28 U.S.C. § 1332, alleging diversity of
citizenship.

See Notice of Removal ¶ 3.

Diversity jurisdiction

exists “where the matter in controversy exceeds the sum or value of
$75,000,

exclusive

of

interests

... citizens of different States.”

and

costs,

and

is

between

28 U.S.C. § 1332(a).

The notice of removal claims that plaintiff Bremer Bank is a
citizen of Minnesota.

See Notice of Removal ¶ 1.

The notice of

removal also states that pro se defendant George C. Holter is a

citizen of Minnesota.

Id. ¶ 2.1

citizenship is present.

As a result, no diversity of

Moreover, Holter explains that “[t]here

are no federal Constitutional, statutory or treaty right(s) at
issue in this case.”

Id. ¶ 4.

As a result, no federal question is

presented.

Therefore, the court lacks jurisdiction over this

proceeding.

Accordingly, IT IS HEREBY ORDERED that this matter is

remanded to the Minnesota District Court for the Fourth Judicial
District.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated:

December 20, 2012
s/David S. Doty
David S. Doty, Judge
United States District Court

1

The complaint lists three defendants:
George C. Holter,
John Doe and Mary Roe. Compl. ¶¶ 2-3. The notice of removal,
however, only lists and pleads Holter’s citizenship.
Diversity
jurisdiction requires that complete diversity exist and that “no
defendant holds citizenship in the same state in which any
plaintiff holds citizenship.” OnePoint Solutions, LLC v. Borchert,
486 F.3d 342, 346 (8th Cir. 2007) (citation omitted). As a result,
the court can remand this action to state without determining the
citizenship of the other two defendants.
2