United States District Court, W.D. Texas, San Antonio Division
RODRIGUEZ, UNITED STATES DISTRICT JUDGE
date, the Court considered the status of the above-styled and
numbered case. After careful consideration, the Court
DISMISSES Defendants Philip C. Reeves and Robert Aguilar as
improperly joined and GRANTS Defendant's Motion to
Dismiss for Failure to State a Claim (Docket no. 3).
Albert Acevedo, Jr. alleges that there are impediments to the
sale and accounting regarding the amounts owed or
reinstatement amounts with respect to the property Plaintiff
owns at 1735 W. Craig Place, San Antonio, Texas. Docket no.
1-1 at 1-2. Plaintiff alleges these impediments should
prevent foreclosure of the home. Id. at 2.
brought this action in the 37th Judicial District Court of
Bexar County, Texas, on July 3, 2017, naming as defendants
Bayview Loan Servicing, LLC, as well as Philip C. Reeves and
Robert Aguilar, Substitute Trustees c/o Shapiro &
Schwartz, LLP. Docket no. 1-1. Plaintiff applied for a
temporary restraining order and injunction and filed claims
for breach of contract and wrongful foreclosure against all
Defendants. Id. at 1-3.
18, 2017, Defendant Bayview Loan removed the action to this
Court on the basis of diversity jurisdiction. Docket no. 1.
The notice of removal states that Plaintiff is a resident of
Texas. Id. at 2-3. The notice of removal also states
that Defendant Bayview Loan is a Delaware limited liability
company whose principal place of business is in Florida, and
that no member of the company is a citizen of Texas.
Id. at 3. The notice of removal further states that
Defendants Reeves and Aguilar are residents of Texas whose
citizenship can be disregarded for purposes of diversity
jurisdiction because they have been improperly joined.
Id. The notice of removal alleges that the amount in
controversy exceeds $75, 000. Id. at 3-5.
26, 2017, Defendant Bayview Loan filed a Motion to Dismiss
for Failure to State a Claim.
August 9, 2017, this Court considered its jurisdiction over
the removed case and ordered Plaintiff to show cause no later
than August 31, 2017, as to why Defendants Reeves and Aguilar
should not be dismissed as improperly joined. Plaintiff
failed to respond.
Improper Joinder of Defendants Reeves and Aguilar
Defendants Reeves and Aguilar are properly joined, their
citizenship must be considered and there is no diversity
jurisdiction. Defendant Bayview Loan argues that Plaintiff
names Defendants Reeves and Aguilar as defendants for the
sole purpose of avoiding removal. Docket no. 1 at 3.
Defendant Bayview Loan contends there is no possibility
Plaintiff can maintain a cause of action against Defendants
Reeves and Aguilar. This Court agrees with Defendant Bayview
Loan and finds that Reeves and Aguilar are improperly joined.
civil action brought in a State court of which the district
courts of the United States have original jurisdiction, may
be removed by the defendant or defendants, to the district
court of the United States for the district and division
embracing the place where such action is pending.” 28
U.S.C. § 1441(a). On a motion to remand, the court must
consider whether removal was proper. In order for removal to
be proper, a district court must have original jurisdiction
over the removed action. See id.
district courts have original jurisdiction over civil actions
if the parties are diverse and the amount in controversy
exceeds $75, 000. 28 U.S.C. § 1332(a). There is no
dispute regarding the amount in controversy, which is alleged
to be in excess of $75, 000. Docket no. 1. Further, ...