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FEDERAL NATIONAL MORTGAGE ASSOCIATION v. BERHE, 2:13-cv-01563-LDG (PAL). (2014)

Court: District Court, D. Nevada Number: infdco20140409d72 Visitors: 25
Filed: Apr. 08, 2014
Latest Update: Apr. 08, 2014
Summary: ORDER LLOYD D. GEORGE, District Judge. Defendant Meheret Berhe removed this action from the Las Vegas Justice Court, asserting that the defendant is a citizen of Nevada, and that the value of the property in dispute is in excess of $100,000. The plaintiff, Federal National Mortgage Association, moves to remand (#10). Berhe opposes the motion (#11). The complaint does not allege a federal question. As the action was brought in Nevada and Berhe is a citizen of Nevada, Berhe could not remove th
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ORDER

LLOYD D. GEORGE, District Judge.

Defendant Meheret Berhe removed this action from the Las Vegas Justice Court, asserting that the defendant is a citizen of Nevada, and that the value of the property in dispute is in excess of $100,000. The plaintiff, Federal National Mortgage Association, moves to remand (#10). Berhe opposes the motion (#11).

The complaint does not allege a federal question. As the action was brought in Nevada and Berhe is a citizen of Nevada, Berhe could not remove this action based on diversity of citizenship. See Fed. R. Civ. Proc. 1441(b)(2). Accordingly,

THE COURT ORDERS that Plaintiff Federal National Mortgage Association's Motion to Remand (#10) is GRANTED;

THE COURT ORDERS that this matter is REMANDED to the Las Vegas Justice Court in which it was originally filed.

Source:  Leagle

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