Free Memorandum Opinion - District Court of Delaware - Delaware

Case 1:04-cv-00347-JJF Document 27 Filed O3/31/2005 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EASTERN SAVINGS BANK, :
Plaintiff, : 1
v. : Civil Action N0. 04-347 JJF
CAROLINE P. AYERS—FOUNTAIN, :
Defendant. :
John R. Weaver, Jr., Esquire, FARR, BURKE, GAMBACORTA & WRIGHT, l
Wilmington, Delaware. -
Attorney for Plaintiff. _
Caroline P. Ayres—Fountain, Hockessin, Delaware. I
Pro Se Defendant.
MEMORANDUM OPINION
March! q , 2005
Wilming on, Delaware

IF Case 1:04-cv-00347-JJF Document 27 Filed O3/31/2005 Page 2 of 3
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\Pending before the Court is Plaintiff’s Motion To Remand
Matter To The Superior Court Of Delaware In And For New Castle
County (D.I. 5). For the reasons discussed, Plaintiff's Motion
will be granted.
I. Background
On February l2, 2002, Plaintiff initiated a foreclosure
action against Defendant in the Superior Court of the State of
Delaware. On May 28, 2004, Defendant filed a Notice of Removal
(D.I. l) with the Court.
II. Parties' Contentions
By its motion, Plaintiff contends that the Court must remand
this action to the Superior Court of Delaware because, inter
alia, the Court lacks original jurisdiction. In response,
Defendant contends that the court has federal subject matter
jurisdiction because Plaintiff is a federally chartered bank.
III. Discussion
To remove a civil action from state court to federal court,
a district court must have original jurisdiction. See 28 U.S.C.
§ l44l{a). In this case, Defendant contends that the Court has
federal question jurisdiction pursuant to 28 U.S.C. § l33l.
Federal courts have federal question jurisdiction over "cases in
which a well pleaded complaint establishes either that federal
law creates the cause of action or that the plaintiff's right to
relief necessarily depends on resolution of a substantial

Case 1:04-cv-00347-JJF Document 27 Filed O3/31/2005 Page 3 of 3
question of federal law." Franchise Tax Bd. v. Constr. Laborers
Vacation Trust, 463 U.S. 1, 27-28 (1983).
The Court has considered the issues presented and the
arguments of the parties and concludes that it lacks subject
matter jurisdiction over the instant action. Plaintiff’s one-
count Complaint seeks the foreclosure of a mortgage under
Delaware state law. The Court has reviewed the allegations of
Plaintiff’s Complaint and concludes that all of Plaintiff's
allegations are based on state law, and further, the pleadings do
not involve a federal question or arise under the Constitution or
statutes of the United States.
Additionally, the Plaintiff raises what appears to be a j
credible ground for remand arguing that Defendant’s removal of
the state action was untimely . However, because the Court has
concluded that no federal jurisdiction exists supporting removal,
Plaintiff’s timeliness contention need not be decided.
An appropriate Order will be entered.

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