Margulis v. Federal National Mortgage Association

Filing 13

ORDER Granting 7 Motion to Remand to State Court. Signed by Judge James C. Mahan on 12/23/11. (Copies have been distributed pursuant to the NEF; cert copy of Order and docket sheet mailed to 8th Judicial District Court - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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SEAN E. MARGULIS,

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2:11-CV-1630 JCM (CWH)

Appellant,
v.
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Respondent.

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ORDER

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Presently before the court is appellee Federal National Mortgage Association’s (“FNMA”)

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motion to remand. (Doc. #7). Appellant Sean Margulis filed an opposition. (Doc. #11). Defendant

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then filed a reply. (Doc. #12).

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FNMA purchased a property located at 10433 Bay Ginger Lane, Las Vegas, Nevada at a

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foreclosure sale on April 25, 2011. (Doc. #7, Ex. 1). Margulis, the prior owner of the property,

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refused to vacate the premises. (Doc. #7). Therefore, FNMA filed an unlawful detainer action in

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state court on May 23, 2011. (Doc. #7, Ex. 2). The parties then engaged in substantial legal

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proceedings in state court. The state court granted a temporary writ of restitution on July 5, 2011.

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(Doc. #7, Ex. 3). On September 1, 2011, Margulis filed a state court appeal. (Doc. #7, Ex. 4). Then,

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on October 7, 2011, Margulis removed the action to federal court. (Doc. #1).

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FNMA advances several arguments to support its motion to remand, including: (1) this case

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does not satisfy the amount in controversy requirement of 28 U.S.C. § 1332; (2) Margulis did not

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James C. Mahan
U.S. District Judge

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remove the case within 30 days of receipt of a copy of the initial pleading pursuant to 28 U.S.C. §

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1446(b); and (3) several state law procedural defaults. (Doc. #7). Margulis’ opposition only

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addresses FNMA’s amount in controversy argument; it does not address the untimeliness or state

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law procedural default arguments. (See Doc. #11).

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Pursuant to 28 U.S.C. § 1446(b), a defendant must file a notice of removal of a civil action

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“within thirty days after the receipt by the defendant . . . of a copy of the initial pleading setting forth

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the claim for relief . . . .”

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Margulis does not dispute – or even address – the fact that he has been litigating this case in

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state court for far longer than the 30-day window provided in 28 U.S.C. § 1446(b). Therefore,

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Margulis’ removal was untimely.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that appellee Federal National

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Mortgage Association’s motion to remand (doc. #7) be, and the same hereby is, GRANTED.
DATED December 23, 2011.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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