Reece v. Bank of New York Mellon

Plaintiff filed suit against Mellon, seeking to represent a class of Arkansas homeowners facing non-judicial foreclosures by Mellon. After plaintiff subsequently appealed the district court's denial of plaintiff's motion to remand to state court and then granted Mellon's motion to dismiss, the district court awarded Mellon costs despite Mellon's failure to file a verified affidavit substantiating the costs. The court concluded that 28 U.S.C. 1453(c)(1)'s one-year removal limitation is inapplicable in this case based on 28 U.S.C. 1453(b). Therefore, Mellon was not required to remove this class action within one year of plaintiff's original complaint. Because the amount in controversy exceeds $75,000, the only named plaintiff was a citizen of Arkansas at the time of commencement and removal, and no defendant is a citizen of Arkansas, this class action falls within the federal courts' diversity jurisdiction under 18 U.S.C. 1332(a). Plaintiff's challenge to the district court's dismissal of his complaint under Rule 12(b)(6) was foreclosed by the court's decision in Rivera v. JPMorgan Chase Bank. Finally, the district court legally erred in awarding costs to Mellon where Mellon provided no affidavit substantiating the costs. Accordingly, the court affirmed the denial of plaintiff's motion to remand and dismiss the case, but reversed the award of costs and remanded with instructions. View "Reece v. Bank of New York Mellon" on Justia Law