Johnson v. JP MORGAN CHASE BANK, NATIONAL ASSOCIATION
(3:22-cv-01330)
District Court, N.D. Texas
JUN 20, 2022 | REPUBLISHED BY LIT: JUN 22, 2022
FEB 28, 2023 UPDATE
Joint STIPULATION OF DISMISSAL WITH PREJUDICE by Carrington Mortgage Services LLC, JP Morgan Chase Bank National Association filed July 14, 2022.
It has not been granted or denied since then by the court.
U.S. District Court
Northern District of Texas (Dallas)
CIVIL DOCKET FOR CASE #: 3:22-cv-01330-E
| Johnson et al v. JP Morgan Chase Bank National Association et al Assigned to: Judge Ada Brown
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 06/20/2022 Date Terminated: 07/14/2022 Jury Demand: Plaintiff Nature of Suit: 190 Contract: Other Contract Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/20/2022 | 1 | NOTICE OF REMOVAL filed by CARRINGTON MORTGAGE SERVICES, LLC, JP MORGAN CHASE BANK, NATIONAL ASSOCIATION. (Filing fee $402; receipt number 0539-12904646) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information – Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Cover Sheet, # 4 Cover Sheet Supplement) (Gutierrez, Melissa) (Entered: 06/20/2022) |
| 06/20/2022 | 2 | New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (sxf) (Entered: 06/21/2022) |
| 06/23/2022 | 3 |
ORDER: No later than 21 days from the date of this order, Defendants must file an amended notice of removal that alleges diversity of citizenship in conformity with 28 U.S.C. § 1332; otherwise, this action will be remanded to state court. (Ordered by Judge Ada Brown on 6/23/2022) (oyh) (Entered: 06/23/2022) |
| 06/28/2022 | 4 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Apryl Johnson, Charles Johnson. (Clerk QC note: No affiliate entered in ECF). (Helstowski, John) (Entered: 06/28/2022) |
| 07/14/2022 | 5 | Joint STIPULATION OF DISMISSAL WITH PREJUDICE by Carrington Mortgage Services LLC, JP Morgan Chase Bank National Association. (Attachments: # 1 Proposed Order) (Gutierrez, Melissa) (Entered: 07/14/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 10/09/2022 17:32:22 |
Newly removed foreclosure case. Bookmark for updates. Bradley knows the Johnson’s will have to pay at least a couple of grand a month for rogue foreclosure defense attorney Cannon to represent them in federal court. Let’s wait and see what happens.
ORDER
Defendants’ Notice of Removal, filed on June 20, 2022, appears to predicate subject matter jurisdiction upon diversity of citizenship, 28 U.S.C. § 1332, but fails to properly allege the citizenship of Defendant Carrington Mortgage Services, LLC.
The party asserting diversity jurisdiction must distinctly and affirmatively allege the citizenship of the parties.
Smith v. Toyota Motor Corp., 978 F.3d 280, 282 (5th Cir. 2020).
The basis upon which jurisdiction depends cannot be established argumentatively or by mere inference.
Illinois Cent. Gulf R.R. v. Pargas, Inc., 706 F.2d 633, 636 (5th Cir. 1983).
The citizenship of an LLC is determined by the citizenship of all of its members.
Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008).
When a party is an LLC, the notice of removal needs to identify the LLC’s members and allege their citizenship.
See MidCap Media Fin. LLC v. Pathway Data, Inc., 929 F.3d 310, 314 (5th Cir. 2019).
Defendants’ notice of removal alleges that Plaintiffs are Texas citizens, Defendant JP Morgan Chase Bank, N.A., is an Ohio citizen, and Defendant Carrington Mortgage Services LLC’s members are “natural persons who are not citizens of the state of Texas.”
Because Defendants failed to identify the LLC members and allege their citizenship, Defendants have not distinctly and affirmatively alleged the citizenship of Carrington Mortgage Services.
See North Cypress Med. Ctr. Operating Co. v. Travelers Prop. Cas. Co. of Am., No. H-09-1272, 2009 WL 10695071, at *4 (S.D. Tex. July 7, 2009);
Smith v. Wal-Mart Stores, Inc., No. EP-08-CV-085-PRM, 2008 WL 11333885, at *2 (W.D. Tex. June 23, 2008).
Until Defendants properly allege Carrington Mortgage Services’ citizenship, this Court is not shown to have subject matter jurisdiction.
See Am. Motorists Ins. Co. v. Am. Emp’rs’ Ins. Co., 600 F.2d 15, 16 (5th Cir. 1979) (per curiam).
Accordingly, no later than 21 days from the date of this order, Defendants must file an amended notice of removal that alleges diversity of citizenship in conformity with 28 U.S.C. § 1332; otherwise, this action will be remanded to state court.
signed June 23, 2022.
ADA BROWN
UNITED STATES DISTRICT JUDGE
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