Dooley et al v. Wells Fargo Bank, National Association

Filing 9

ORDER - In the interest of justice, the Court will AFFORD Plaintiffs counsel 10DAYS in which to file an amended complaint which clarifies that the Court has proper jurisdiction over this dispute. Defendants counsel is AFFORDED 10 DAYS thereafter to r e-file, if necessary, its pending motion to dismiss. Pursuant to the request of both sides, discovery is STAYED pending the Courts ruling onthe dismissal motion. If the case remains, the Court will then reconvene with counsel for both sides and issue a Calendar Order. Signed by Magistrate Judge Michael J Newman on 10/18/2012. (kf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
RONALD A. DOOLEY, et al.,

:

Case No. 3:12-cv-290

:

Magistrate Judge Michael J. Newman
(Consent Case)

Plaintiffs,
vs.
WELLS FARGO BANK,
NATIONAL ASSOCIATION,

:

Defendant.
:
______________________________________________________________________________
ORDER
____________________________________________________________________________
This case was removed to this Court by Defendant from the Greene County, Ohio Common
Pleas Court pursuant to 28 U.S.C. § 1441, and referred to the undersigned United States Magistrate
Judge upon unanimous consent of the parties pursuant to 18 U.S.C. § 636(c) for all further
proceedings, including trial, the entry of judgment, and all post-trial proceedings. See doc. 7.
The Court held a status conference with counsel for both sides on October 12, 2012. In
reviewing Plaintiffs’ Complaint prior to the conference, the Court noticed that the Complaint on its
face does not appear to satisfy the $75,000 amount-in-controversy requirement for diversity
jurisdiction. See 28 U.S.C. § 1332. This fact was brought to the attention of Plaintiffs’ counsel
during the conference. In the interest of justice, the Court will AFFORD Plaintiffs’ counsel 10
DAYS in which to file an amended complaint which clarifies that the Court has proper jurisdiction
over this dispute.

Defendant’s counsel is AFFORDED 10 DAYS thereafter to re-file, if

necessary, its pending motion to dismiss.

Pursuant to the request of both sides, discovery is STAYED pending the Court’s ruling on
the dismissal motion. If the case remains, the Court will then reconvene with counsel for both
sides and issue a Calendar Order.
October 18, 2012

s/ Michael J. Newman
United States Magistrate Judge