United States District Court, D. New Hampshire
REPORT AND RECOMMENDATION
K. JOHNSTONE UNITED STATES MAGISTRATE JUDGE
Judith Tompson, removed this eviction proceeding from the New
Hampshire Circuit Court, 10th Circuit, District Division,
Salem (“Salem District Court”) to federal court.
See Notice of Removal (Doc. No. 1). Tompson's
initial filings are before the court to determine whether
this court has subject matter jurisdiction. See LR
4.3(d)(2); see also 28 U.S.C. § 1447(c). Also
before the court is Tompson's motion to continue
electricity (Doc. No. 7), seeking a preliminary injunction
ordering that electric service be maintained at the subject
condominium unit during the eviction proceeding. That motion
has been referred to the magistrate judge for a report and
recommendation. In addition, Tompson's motion to dismiss
(Doc. No. 6), plaintiff Madhu Estates LLC's “Motion
to Dismiss, ” seeking a remand (Doc. No. 10), are
fell behind on mortgage loan payments and suffered a mortgage
foreclosure on her condominium unit in Salem, New Hampshire.
Tompson continued to reside in the condominium unit after
Fannie Mae acquired the property by foreclosure deed.
Mae filed a landlord and tenant action in state court against
Tompson to evict her. Fed. Nat'l Mortg. Ass'n v.
Tompson, No. 473-2017-LT-11121 (N.H. Cir. Ct., 10th
Cir., Dist. Div., Salem, filed Nov. 16, 2017)
(“Fannie Mae I”). Tompson removed that
action to federal court, see Fed. Nat'l Mortg.
Ass'n v. Tompson, No. 17-cv-699-SM (D.N.H.)
(“Fannie Mae II”). The court in
Fannie Mae II remanded that case to Salem District
Court for lack of subject matter jurisdiction. See Fannie
Mae II, 2018 DNH 108, 2018 U.S. Dist. LEXIS 86086, at
*10, 2018 WL 2426638, at *4 (D.N.H. May 21, 2018) (ECF No.
Mae held a public auction in March 2018, at which Madhu
Estates LLC was the highest bidder. After the deed transfer,
Fannie Mae filed a notice of voluntary non-suit in the
remanded state case on June 5, 2018, and that state case was
closed. See June 5, 2018 Vol. Nonsuit, Fannie
Estates LLC filed this eviction proceeding on June 11, 2018
in Salem District Court, to evict Tompson. See Madhu
Estates LLC v. Tompson, No. 473-2018-LT-00059 (N.H. Cir.
Ct., 10th Cir., Dist. Div., Salem, filed June 11, 2018).
Tompson filed a notice of removal here on June 19, 2018,
before she filed an answer asserting defenses and
Subject Matter Jurisdiction
may be removed to federal court if this court would have had
original jurisdiction over the matter. 28 U.S.C. §
1441(a). This court has authority to consider, sua sponte,
whether it has jurisdiction over a removed case. See York
v. Day Transfer Co., 525 F.Supp.2d 289, 295 (D.R.I.
2007); see also Am. Policyholders Ins. Co. v. Nyacol
Prods., Inc., 989 F.2d 1256, 1258 (1st Cir. 1993) (court
is obliged to address propriety of removal as threshold
matter). In the context of disputes over removal
jurisdiction, it is the removing defendant's burden to
show that removal was proper. See Fayard v. Northeast
Vehicle Servs., LLC, 533 F.3d 42, 48 (1st Cir. 2008);
see also Acosta-Ramírez v. Banco Popular de
P.R.., 712 F.3d 14, 20 (1st Cir. 2013).
“Furthermore, the removal statute should be strictly
construed, and any doubts about the propriety of removal
should be resolved against the removal of an action.”
Int'l Union of Operating Eng'rs, Local No. 68
Welfare Fund v. AstraZeneca PLC (In re Pharm. Indus. Average
Wholesale Price Litig.), 431 F.Supp.2d 109, 116 (D.
Mass. 2006). Remand to the state courts is required if, at
any time, it appears that the district court lacks
jurisdiction over the case. See 28 U.S.C. §
relies primarily on diversity of citizenship as the basis for
invoking this court's subject matter jurisdiction. The
pertinent statute, 28 U.S.C. § 1332(a), requires
complete diversity of citizenship, and an amount in
controversy exceeding the jurisdictional amount of $75,
is a New Hampshire resident. The plaintiff, Madhu Estates
LLC, is a limited liability company, which is deemed to be a
citizen of each state where its members reside. Pramco,
LLC ex rel. CFSC Consortium, LLC v. San Juan Bay Marina,
Inc., 435 F.3d 51, 54-55 (1st Cir. 2006). Gaddam Madhu,
who manages Madhu Estates LLC, has a Massachusetts address.