Opinion
24-2232
06-27-2024
MOJIRADE JAMES v. GINETTE MCMANUS, BAXTER CREDIT UNION, CITADEL CREDIT UNION a/k/a CITADEL AGENCY LLC, LINCOLN INVESTMENT a/k/a LINCOLN INVESTMENT PLANNING, LLC, TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICAN - COLLEGE RETIREMENT EQUITIES FUND, WELLS FARGO BANK, N.A., PRUDENTIAL FINANCIAL, INC CIVIL ACTION
ORDER
KEARNEY, J.
AND NOW, this 27!h day of June 2024, upon studying Plaintiff s Motion to remand and for sanctions (ECF No. 8), two served Defendants' Oppositions (ECF Nos. 22, 23), Plaintiffs Reply (ECF No. 29), mindful of Motions to dismiss raising the bar to recovery under Pennsylvania Law (ECF Nos. 30, 31), finding Defendants have not met their burden to invoke our limited “arising under” federal law subject matter jurisdiction given the pleaded issues can be resolved entirely under Pennsylvania Law, finding no basis for sanctions against the removing Defendants (but not expressing an opinion on Plaintiffs counsel's representations as to the amount of the Judgment at issue), and for reasons in today's accompanying Memorandum, it is ORDERED Plaintiffs Motion (ECF No, 8) is GRANTED in part and DENIED in part requiring:
1. The Clerk of Court forthwith REMAND this case, including the pending Motions to dismiss (ECF Nos. 30, 31) to the Court Administrator for the Court of Common Pleas of Montgomery County at No. 2024-8720;:
2. We DENY the request for sanctions against the removing Defendants; and, 3. The Clerk of Court close this case as we divest subject matter jurisdiction.