Opinion
2:11-CV-00128-PMP-LRL.
March 17, 2011
ORDER
Before the Court for consideration is Defendant Bank of America Home Loan Servicing LP's Motion to Dismiss, or in the Alternative Motion for Summary Judgment (Doc. #4) filed January 31, 2011. On February 14, 2011, Plaintiffs filed a Motion to Remand the Action to State Court and to "Dismiss" Defendant Bank of America's Motion to Dismiss (Docs. #8 #9). On February 25, 2011, Defendant MTC Financial, Inc. filed a Motion to Dismiss Plaintiffs' Complaint (Doc. #20).
The Court finds that Defendants have demonstrated that jurisdiction lies in this Court and that removal was appropriate based upon diversity of citizenship and a sum in controversy in excess of $75,000.00. 28 U.S.C. § 1332. Therefore, Plaintiffs' Motion to Remand must be denied.
Plaintiffs have not in their filings substantively responded to the arguments in the pending Motions to Dismiss (Docs. #4 #20). Notwithstanding Defendants' arguments that Plaintiffs should not be permitted additional time to do so, the Court will permit Plaintiffs to and including April 1, 2011 within which to file a substantive response to Defendants' Motions to Dismiss (Doc. #4 #20).
IT IS SO ORDERED.
IT IS FURTHER ORDERED that Plaintiffs' Motion to Remand (Doc. #8) is DENIED.