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Wells Fargo Bank, N.A. v. White

United States District Court, D. Connecticut

May 7, 2019

WELLS FARGO BANK, NATIONAL ASSOCIATION, Plaintiff,
v.
CRYSTAL WHITE, Defendant.

          RULING AND ORDER ON MOTION TO REMAND

          VICTOR A. BOLDEN NITED STATES DISTRICT JUDGE.

         Originally filed in Connecticut Superior Court by Wells Fargo Bank, N.A. (“Wells Fargo” or “Plaintiff”) against Crystal White (“Defendant”), Ms. White removed this case to this Court under 28 U.S.C. § 1441 and claimed that this Court has both federal question and diversity jurisdiction over the case. Notice of Removal, ECF No. 1(“Notice of Removal”), at ¶ 2. On January 31, 2018, the Court remanded the case back to Connecticut Superior Court for lack of subject-matter jurisdiction. Id.

         Ms. White again removed the case, alleging false advertising defense under the Lanham Act. Id. at ¶¶ 4, 5.

         Wells Fargo now moves to remand the case back to Connecticut Superior Court, arguing again that the Court lacks subject-matter jurisdiction over this case. Motion for Remand, ECF No. 8 (“Mot. for Remand”), at 3-8.

         For the following reasons, the Court GRANTS Wells Fargo's motion to remand.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         A. Factual Allegations

         Ms. White owned property located at 229 Landsdowne in Westport, Connecticut. Notice of Removal, Ex. A, Underlying Complaint, ECF No. 1 (“Underlying Compl.”), at ¶ 2. On September 13, 2005, she executed a note for a loan of $400, 000 from World Savings Bank, FSB, in exchange for a mortgage on the property. Id. ¶¶ 3, 4. The mortgage was recorded on September 23, 2005. Id. ¶ 4.

         On December 31, 2007, World Savings Bank, FSB, became Wachovia Mortgage, F.S.B. Id. On November 1, 2009, Wells Fargo purchased Wachovia Mortgage, F.S.B. Id. Wells Fargo now claims that it holds the Note and Mortgage. Id.

         On June 23, 2013, Wells Fargo sued Ms. White in Connecticut Superior Court, seeking to accelerate the balance due on the Note, declaring it due in full, and to foreclose on the Mortgage securing the Note. Id. ¶ 5. The state court case proceeded through motions to dismiss and summary judgment motions, and trial was scheduled for May 25, 2017. Mot. for Remand, at 2.

         On May 24, 2017, Ms. White removed this case to this Court, with the case being remanded back to state court in January 31, 2018. Id.

         Once remanded back to Connecticut Superior Court, the state court issued a notice for trial to occur on July 24, 2018. Id. After Ms. White moved for a continuance, the trial court rescheduled the trial for September 26, 2018. Id. at 3.

         On September 24, 2018, Ms. White filed a motion to dismiss the action based on a pending class-action lawsuit. Id. Wells Fargo responded the following day. Id. Then, Ms. White filed a motion for order of an evidentiary hearing and discovery request as to the attorney representation of Wells Fargo. Id.

         On September 26, 2018, counsel for Wells Fargo and Ms. White were in Connecticut State Court for trial. Id. On the same day, Ms. White, proceeding pro se, removed the case to federal court for false advertising ...


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