Bank of America, N.A. v. McDade

Filing 15

ORDER entered: The initial conference in this case is scheduled for March 27, 2017 at 10:30 AM. The parties should come prepared to discuss whether this court has federal subject-matter jurisdiction.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
BANK OF AMERICA, N.A.,
Plaintiff,
VS.
TIMOTHY J MCDADE
Defendant.

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March 24, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. H-17-0406

ORDER
The initial conference in this case is scheduled for March 27, 2017 at 10:30 AM. The parties
should come prepared to discuss whether this court has federal subject-matter jurisdiction. The case
management plan filed with the court states that the basis for federal subject-matter jurisdiction is
the defendant’s federal-law counterclaim under the FDCPA.

But in general, federal-law

counterclaims are not a basis for removal. See Greene Home Owners Ass’n, Inc. v. Vogel, No. CA
3:98-CV-2966-R, 1999 WL 292718, at *1 (N.D. Tex. Apr. 12, 1999). There appears to be some
possibility that a federal-law counterclaim in a completely preempted area of law could generate
federal subject-matter jurisdiction, but it does not appear that the FDCPA completely preempts state
law. Virgil v. Reorganized M.W. Co., 156 F. Supp. 2d 624, 630 (S.D. Miss. 2001). The parties
should be prepared to address this potential jurisdictional issue at the initial conference.
SIGNED on March 24, 2017, at Houston, Texas.
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Lee H. Rosenthal
Chief United States District Judge