Gibbs v. Federal National Mortgage Association et al

Filing 12

MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 04/04/2018. Copy mailed to the Clerk for the Circuit Court for the County of Spotsylvania. (walk, )

IN THE UNITED STATES DISTRICT COURT

1 n;

m-mz

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

CLERK, U.S. DISTRICT COURT
RICHMOND. VA

NORMA J. GIBBS,
Plaintiff,
Civil Action No. 3:I8-cv-75-HBH

V.

FEDERAL NATIONAL MORTGAGE

ASSOCIATION, etaL,
Defendants.

MEMORANDUM OPINION

(Granting PlaintifTs Motion to Remand)

THIS MATTER is before the Court on PlaintiffNorma J. Gibbs's ("Plaintiff)
Motion to Remand to State Court (ECF No. 8), filed on March 7, 2018. Defendants

Federal National Mortgage Association ("FNMA") and PHH Mortgage Association
("PHH") removed this action to this Court on February 5, 2018, alleging that the relevant

parties in this action are diverse and that the amount in controversy exceeds $ 75,000.
(Notice of Removal ^ 9, ECF No. 1.) Defendants PHH and FNMA are citizens of New

Jersey and the District of Columbia, respectively {Id ^ 11-12), and Plaintiff is a citizen
of Virginia. (Compl.^ 1, ECF No. 1-1.) Defendant Professional Foreclosure

Corporation of Virginia ("PFC") is also a citizen of Virginia (Id. ^11), but Defendants

FNMA and PHH claim that PFC's citizenship can be disregarded because it was
fraudulently joined, (Notice of Removal U13.)
Each side has filed memoranda supporting their respective positions. The Court

will dispense with oral argument because the facts and legal contentions are adequately