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Pennymac Loan Services, LLC v. Ortega

United States District Court, D. Hawaii

January 7, 2019

PENNYMAC LOAN SERVICES, LLC, Plaintiff,
v.
LUCAS R. ORTEGA; RAMONALEE LEHUA ORTEGA; ASSOCIATION OF UNIT OWNERS OF GREEN HOMES AT LUALUALEI; JOHN DOES 1-20; JANE DOES 1-20; DOE CORPORATIONS 1-20; DOE ENTITIES 1-20; AND DOE GOVERNMENTAL UNITS 1-20, Defendants. LUCAS R. ORTEGA; RAMONALEE LEHUA ORTEGA, Counter-Claimants,
v.
PENNYMAC LOAN SERVICES, LLC, Counter-Defendant.

          ORDER GRANTING PLAINTIFF'S MOTION TO REMAND (ECF NO. 7)

          HELEN GILLMOR UNITED STATES DISTRICT JUDGE.

         Plaintiff Pennymac Loan Services, LLC, filed a Complaint for foreclosure in the Circuit Court of the First Circuit, State of Hawaii against Defendants Lucas R. Ortega and Ramonalee Lehua Ortega.

         Defendants Lucas R. Ortega and Ramonalee Lehua Ortega removed the action to federal court. Defendants maintain that the District of Hawaii federal court has subject matter jurisdiction on the basis of diversity and that their Counterclaim raises federal questions.

         Plaintiff moves to remand the suit to the Circuit Court of the First Circuit and to dismiss Defendants' Counterclaim. (ECF No. 7).

         There is no basis for subject matter jurisdiction in the District Court for the District of Hawaii.

         Plaintiff's Motion to Remand (ECF No. 7) is GRANTED.

         PROCEDURAL HISTORY

         On May 10, 2018, Plaintiff filed a Complaint in the Circuit Court of the First Circuit in the matter styled Pennymac Loan Services, LLC v. Ortega, et al, Civil No. 18-1-0730-05 JHC. (Complaint for Mortgage Foreclsoure, attached as Ex. A to Defs.' Notice of Removal, ECF No. 1-1).

         On October 9, 2018, Defendants Lucas R. Ortega and Ramonalee Lehua Ortega filed a Notice of Removal. (ECF No. 1). On the same day, Defendants filed their Response and Counterclaim. (ECF No. 2).

         On October 31, 2018, Plaintiff filed MOTION TO DISMISS DEFENDANT/COUNTERCLAIM PLAINTIFFS LUCAS R. ORTEGA AND RAMONALEE LEHUA ORTEGA'S COUNTERCLAIM FILED HEREIN ON OCTOBER 9, 2018, AND TO REMAND CASE TO CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAII. (ECF No. 7).

         On November 13, 2018, Defendants filed their Opposition. (ECF No. 13).

         On December 12, 2018, Plaintiff filed their Reply. (ECF No. 16).

         BACKGROUND

         Plaintiff Pennymac Loan Services, LLC is a Delaware limited liability company. (Compl. at ¶ 1, ECF No. 1-1). Defendants stated that they are both citizens of the State of ...


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