PMT NPL Financing 2015-1 v. Lee et al

Filing 7

ORDER remanding this matter to the King County Superior Court; directing Clerk to immediately transfer this case to state court. Within 21 days from the date of this order Defendant shall SHOW CAUSE why the Court should not impose a bar order. Signed by U.S. District Judge John C Coughenour. (SWT) cc: Defendant via USPS

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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PMT NPL FINANCING 2015-1,

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Plaintiff,

ORDER

v.

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CASE NO. C18-0358-JCC

THOMAS C. LEE, et al.,

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Defendants.

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This matter comes before the Court after Defendant was granted leave to proceed in

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forma pauperis (Dkt. No. 3) and subsequently removed this case from King County Superior

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Court (Dkt. No 4). Upon reviewing the complaint, notice of removal, and the relevant record, the

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Court REMANDS the case for the reasons set forth herein.

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This is the fourth time Defendant has removed this action to federal court. See Case No.

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C17-0535-RSM, Dkt. No. 1 (W.D. Wa. April 6, 2017); Case No. C17-1376-RSL, Dkt. No. 1

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(W.D. Wa. September 13, 2017); Case No. C18-0212-JCC, Dkt. No. 1 (W.D. Wa. February 9,

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2018). In all three prior cases, the Court found no basis for the exercise of federal jurisdiction

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and remanded the case. Case No. C17-1376-RSL, Dkt. No. 13 at 5; Case No. C17-0535-RSM,

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Dkt. No. 14; Case No. C18-0212-JCC, Dkt. No. 8. Defendant’s latest notice of removal states

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identical bases for federal jurisdiction: his Fourteenth Amendment defense, 28 U.S.C. § 1443,

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ORDER
C18-0358-JCC
PAGE - 1

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and diversity of citizenship. 1 (Dkt. No. 4 at 2–3, 4.) As this Court ruled in its previous order, and

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as the Honorable Ricardo S. Martinez and the Honorable Robert S. Lasnik also held, Defendant

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cannot create a federal question by asserting a federal defense, he does not qualify for removal

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under § 1443, and he fails to establish the $75,000 threshold for diversity jurisdiction. Case No.

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C17-0535-RSM, Dkt. No. 14 at 2; Case No. C17-1376-RSL, Dkt. No. 13 at 2, 3; Case No. C18-

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0212-JCC, Dkt. No. 8. This Court notes, as Judge Lasnik did, that no new case law supporting

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Defendant’s bases for removal has arisen since his case was last removed and remanded. See

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Case No. C17-1376-RSL, Dkt. No. 13 at 3.

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For the foregoing reasons this matter is REMANDED to the King County Superior Court.

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The Clerk of Court is DIRECTED to immediately transfer this case to state court, which shall

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have immediate and full jurisdiction over this matter.

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In addition, within 21 days from the date of this order, Defendant shall SHOW CAUSE

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in writing why the Court should not impose a pre-filing review procedure, also known as a

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standing bar order, on any future attempts to remove this lawsuit from state court.

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The Clerk is DIRECTED to send a copy of this order to Defendant.

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DATED this 22nd day of March 2018.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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The notice of removal filed in this case is identical to the notice of removal filed by
Defendant in the previous case before this Court. See Case No. C18-0212-JCC, Dkt. No. 1-1
(W.D. Wa. February 9, 2018).
ORDER
C18-0358-JCC
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