United States District Court, D. Connecticut
RULING AND ORDER ON MOTION TO REMAND
A. BOLDEN, UNITED STATES DISTRICT JUDGE
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”).
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
following reasons, the Court GRANTS Deutsche
Bank's motion to remand.
FACTUAL AND PROCEDURAL BACKGROUND
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.
December 1, 2005, Ms. DeFranco was in default of the loan.
Id. at ¶ 5.
7, 2007, the mortgage on the loan was assigned to Deutsche
Bank. Id. at ¶ 4.
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.
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.
for Remand at 6.
March 18, 2016, the residential foreclosure suit went to
trial. Id. at 5.
October 25, 2016, Ms. DeFranco filed for Chapter 13
bankruptcy. Id. at 5.
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.
April 7, 2017, the Bankruptcy Court dismissed Ms.
DeFranco's bankruptcy ...