Lance Posner et al v. U.S. Bank National Association, et al
ORDER that this action is remanded to state court (Certified copy of Order and public docket sheet mailed to Eighth Judicial District Court Clerk, Case No. A-17-764755-C on 02/08/2018). Signed by Judge Miranda M. Du on 2/8/2018., Case terminated. (Copies have been distributed pursuant to the NEF - KW)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
LANCE T. POSNER, an individual; EVA
M. POSNER, an individual,
Case No. 2:17-cv-03102-MMD-PAL
U.S. BANK NATIONAL ASSOCIATION;
SELECT PORTFOLIO SERVICING, INC.;
QUALITY LOAN SERVICE, INC.; and
DOES 1-10 inclusive,
The removed action involves an amended petition for foreclosure mediation
(“Petition”). (ECF No. 1-5.) The Court finds that it lacks subject matter jurisdiction, and
therefore remand is required.
Plaintiffs Lance and Eva Posner commenced this action in the Eighth Judicial
District Court of the State of Nevada in and for the County of Clark on November 15,
2017. (ECF No. 1 at 1; ECF No. 1-1 at 2-15.) On December 21, 2017, Defendants U.S.
Bank National Association and Select Portfolio Servicing, Inc. removed the action to this
Court on the basis of diversity of citizenship pursuant to 28 U.S.C. § 1332. (ECF No. 1.)
However, on December 4, 2017, Plaintiffs filed the Petition, which replaced the original
complaint, requesting an order of referral from the state district court to the foreclosure
mediation program. (ECF No. 1-5.)
A federal district court must remand a case sua sponte for lack of subject matter
jurisdiction. See 28 U.S.C. § 1447(c) (“If at any time before final judgment it appears that
the district court lacks subject matter jurisdiction, the case shall be remanded.”); see also
Kelton Arms Condo. Owners Ass’n, Inc., v. Homestead Ins. Co., 346 F.3d 1190, 1192
(9th Cir. 2003) (“Subject matter jurisdiction may not be waived, and . . . the district court
must remand if it lacks jurisdiction.”) Because the Petition itself is not a civil action,1 the
basis for the Petition is based purely in state law, see NRS § 107.086(2)(a)(4), and this
Court does not have the authority to issue a referral to the foreclosure mediation program,
this Court does not have jurisdiction over this action.
It is therefore ordered that this action is remanded to state court.
DATED THIS 8th day of February 2018.
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
is no claim for relief that the Court can adjudicate.
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