United States District Court, D. Hawaii
ORDER GRANTING PLAINTIFF'S MOTION TO REMAND (ECF
GILLMOR UNITED STATES DISTRICT JUDGE.
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
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
moves to remand the suit to the Circuit Court of the First
Circuit and to dismiss Defendants' Counterclaim. (ECF No.
is no basis for subject matter jurisdiction in the District
Court for the District of Hawaii.
Motion to Remand (ECF No. 7) is GRANTED.
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).
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).
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).
November 13, 2018, Defendants filed their Opposition. (ECF
December 12, 2018, Plaintiff filed their Reply. (ECF No. 16).
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 ...