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Deutsche Bank National Trust Co. v. Defranco

United States District Court, D. Connecticut

July 12, 2019

DEUTSCHE BANK NATIONAL TRUST CO., Plaintiff,
v.
ANNA DEFRANCO, Defendant.

          RULING AND ORDER ON MOTION TO REMAND

          VICTOR A. BOLDEN, UNITED STATES DISTRICT JUDGE

         Originally filed in Connecticut Superior Court by Deutsche Bank National Trust Co. (“Deutsche Bank” or “Plaintiff”) against Anna DeFranco, Ms. DeFranco removed this case to this Court under 28 U.S.C. § 1441 and claimed that this Court has both federal question and diversity jurisdiction in this case. Notice of Removal, ECF No. 1 (“Notice of Removal”).

         Deutsche Bank now moves to remand this case back to Connecticut Superior Court, arguing that Ms. DeFranco's removal was untimely and that the Court lacks subject-matter jurisdiction over this case. Motion for Remand, ECF No. 6 (“Mot. for Remand”).

         For the following reasons, the Court GRANTS Deutsche Bank's motion to remand.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         A. Factual Allegations

         On August 9, 2005, Deutsche Bank alleges that Ms. DeFranco executed a loan with Netbank for $315, 000.00, which was recorded on August 16, 2005. State Court Complaint, ECF No. 6-2 (“Underlying Compl.”), at ¶¶ 3, 4.

         As of December 1, 2005, Ms. DeFranco was in default of the loan. Id. at ¶ 5.

         On June 7, 2007, the mortgage on the loan was assigned to Deutsche Bank. Id. at ¶ 4.

         On June 10, 2013, Deutsche Bank commenced a foreclosure action on Ms. DeFranco for failure to pay her mortgage under Conn. Gen. Stat. § 49-17. Id. at 6; Mot. for Remand at 5.

         Since the suit commenced, Ms. DeFranco has filed the following unsuccessful motions in state court:

(1) Motion to Dismiss- 6/19/13; (2) Motion for Sanctions- 10/22/13; (3) Motion for Non Suit- 8/15/14; (4) Motion to Quash- 6/27/14; (5) Appeal- 10/6/14; (6) Motion for Sanctions- 10/15/14; (7) Motion to Dismiss- 10/15/14; (8) Appeal- 10/30/14; (9) Motion for Sanctions- 11/21/14; (10) Motion to Strike- 2/13/15; (11) Motion to Strike- 4/27/15; (12) Motion to Vacate Order- 5/1/15; and (13) on the date of trial, 3/18/16, Defendant filed three motions to dismiss.

         Mot. for Remand at 6.

         On March 18, 2016, the residential foreclosure suit went to trial. Id. at 5.

         On October 25, 2016, Ms. DeFranco filed for Chapter 13 bankruptcy. Id. at 5.

         On November 7, 2016, Judge Peter Wiese granted a strict foreclosure against DeFranco, with final sale at a Law Day scheduled for December 5, 2016. Id.

         On April 7, 2017, the Bankruptcy Court dismissed Ms. DeFranco's bankruptcy ...


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