Federal National Mortgage Association v. Berhe

Filing 13

ORDER Granting 10 Plaintiff's Motion to Remand to State Court. IT IS FURTHER ORDERED that this matter is REMANDED to the Las Vegas Justice Court in which it was originally filed. Signed by Judge Lloyd D. George on 04/08/2014. (Copies have been distributed pursuant to the NEF - CC: Certified Copy of Order and Docket Sheet Sent to State Court - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

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Case No. 2:13-cv-01563-LDG (PAL)
Plaintiff,

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ORDER
v.

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MEHERET G. BERHE,
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Defendant.
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Defendant Meheret Berhe removed this action from the Las Vegas Justice Court,
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asserting that the defendant is a citizen of Nevada, and that the value of the property in
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dispute is in excess of $100,000. The plaintiff, Federal National Mortgage Association,
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moves to remand (#10). Berhe opposes the motion (#11).
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The complaint does not allege a federal question. As the action was brought in
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Nevada and Berhe is a citizen of Nevada, Berhe could not remove this action based on
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diversity of citizenship. See Fed. R. Civ. Proc. 1441(b)(2). Accordingly,
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THE COURT ORDERS that Plaintiff Federal National Mortgage Association’s Motion
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to Remand (#10) is GRANTED;
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THE COURT ORDERS that this matter is REMANDED to the Las Vegas Justice
Court in which it was originally filed.

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DATED this ______ day of April, 2014.

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Lloyd D. George
United States District Judge

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, as diversity jurisdiction does not existnoting that the defendant’s notice of removal does
not specify the basis for removal

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