WELLS FARGO BANK, N.A. v. CARNELL et al
MEMORANDUM OPINION AND ORDER granting 40 Motion to Dismiss the Counterclaim. Accordingly, Jeffrey A. Camell's Counterclaim against Wells Fargo contained in the Answer and Affirmative Defenses, Counterclaim, and Crossclaim by Defendant Jeffrey A. Camell (ECF No. 39 , Paragraphs 70-78) is DISMISSED WITH PREJUDICE, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 2/12/2018. (dlg)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
WELLS FARGO BANK, N.A.,
Case No. 3:16-cv-130
JUDGE KIM R. GIBSON
JEFFREY A. CARNELL, ANNA M.
CARNELL, RYAN P. JAY, and LARRY E.
Pending before this Court is Plaintiff Wells Fargo Bank, N.A.'s ("Wells Fargo") Motion
to Dismiss the Counterclaim filed by Defendant Jeffrey A. Camell ("Mr. Camell"). (ECF No.
40.) Although Mr. Camell has not responded to Wells Fargo's Motion to Dismiss (ECF No. 40)
and brief in support thereof (ECF No. 41), the deadline for Mr. Camell's response-Le., June 14,
2017-passed nearly 8 months ago and, thus, Wells Fargo's Motion is ripe for disposition.
For the reasons that follow, Wells Fargo's Motion to Dismiss the Counterclaim filed by
Defendant Jeffrey A. Camell is GRANTED. Thus, Mr. Camell's Counterclaim against Wells
Fargo is DISMISSED WITH PREJUDICE.
Jurisdiction and Venue
Under 28 U.S.C. § 1332(a)(l), district courts have original jurisdiction over cases between
citizens of different states if the amount in controversy exceeds $75,000. For diversity purposes,
a national banking association-like Wells Fargo (ECF No. 1 'JI 1)-is considered a citizen of
"the State designated in its articles of association as its main office." Wachovia Bank v. Schmidt,
546 U.S. 303, 318 (2006); see also 28 U.S.C. § 1348.
In Wells Fargo's Complaint and in Mr. Camell's Answer, Wells Fargo and Mr. Camell
state that Wells Fargo's main office is located in South Carolina and that Defendants are
domiciled in Pennsylvania. (ECF No. 1
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