United States District Court, D. Connecticut
RULING AND ORDER ON MOTION TO REMAND
A. BOLDEN NITED STATES DISTRICT JUDGE.
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
White again removed the case, alleging false advertising
defense under the Lanham Act. Id. at ¶¶ 4,
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.
following reasons, the Court GRANTS Wells
Fargo's motion to remand.
FACTUAL AND PROCEDURAL BACKGROUND
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.
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.
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.
24, 2017, Ms. White removed this case to this Court, with the
case being remanded back to state court in January 31, 2018.
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.
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.
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 ...