Automated Summary
Key Facts
The Court granted Plaintiff U.S. Bank Trust National Association's Motion for Remand to Circuit Court. The action was removed to federal court on June 10, 2025 by defendant Erick Alaniz, who contends the Court has diversity jurisdiction. However, the Court found that removal violated the forum defendant rule (28 U.S.C. § 1441(b)(2)) because Erick Alaniz is a citizen of Florida, the state where the action was originally filed. The Court ordered the case remanded to the Circuit Court of the Fourth Judicial Circuit, Duval County, Florida.
Issues
- Whether the federal court should remand the action to state court under the forum defendant rule (28 U.S.C. § 1441(b)(2)), which prohibits removal when any properly joined defendant is a citizen of the state where the action was brought, given that Erick Alaniz is a Florida citizen and the action was filed in Florida.
- Whether Erick Alaniz's attempt to appear on behalf of Sons of Light Ministry was proper given that he is not admitted to practice law before the Court and corporations cannot appear pro se without counsel.
- Whether the Court may properly exercise subject matter jurisdiction and deny remand when diversity jurisdiction is alleged, considering that Erick Alaniz's removal violated the forum defendant rule by being a citizen of the state where the action was brought.
Holdings
The Court granted Plaintiff's Motion for Remand and remanded the action to the Circuit Court of the Fourth Judicial Circuit in Duval County, Florida. This decision was based on the forum defendant rule (28 U.S.C. § 1441(b)(2)), which bars removal when any properly joined defendant is a citizen of the state where the action is brought. Erick Alaniz, a Florida citizen, attempted to remove the case to federal court, violating this rule. The Court also noted that Erick Alaniz's attempt to appear on behalf of a corporation was improper as he is not admitted to practice law.
Remedies
The Court granted Plaintiff's Motion for Remand to Circuit Court and ordered that this action be remanded to the Circuit Court of the Fourth Judicial Circuit, in and for Duval County, Florida. The Clerk is directed to transmit a certified copy of this Order to the clerk of that court, terminate any pending motions and deadlines as moot, and close the file.
Legal Principles
The court applied the forum defendant rule under 28 U.S.C. § 1441(b)(2), which provides that an action removable solely on the basis of diversity jurisdiction may not be removed if any properly joined and served defendant is a citizen of the State in which the action is brought. Since Erick Alaniz admitted he is domiciled in Florida—the state where the action was filed—his removal of the case violated this rule, requiring remand to state court. The court also noted the unanimity requirement under 28 U.S.C. § 1446(b)(2)(A) for removal when multiple defendants are involved, though this issue was secondary to the forum defendant violation.
Precedent Name
- Caterpillar Inc. v. Lewis
- Pacheco de Perez v. AT & T Co.
- Palazzo v. Gulf Oil Corp.
Cited Statute
- Diversity Jurisdiction
- Forum Defendant Rule
- Removal Procedure
Judge Name
Marcia Morales Howard
Passage Text
- 1. Plaintiff's Motion for Remand to Circuit Court (Doc. 9) is GRANTED. 2. This action is REMANDED to the Circuit Court of the Fourth Judicial Circuit, in and for Duval County, Florida.
- Because this attempt to file a document on behalf of Sons of Light Ministry was improper, the Court notes that the unanimity requirement of 28 U.S.C. § 1446(b)(2)(A) is also not satisfied.
- 28 U.S.C. § 1441(b)(2), the forum defendant rule, provides that an action removable solely on the basis of diversity jurisdiction 'may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.' By his own admission, Erick Alaniz is a citizen of Florida, the state in which this 'action is brought.' As such, Erick Alaniz's removal of this action violated the forum defendant rule, and this action is due to be remanded to the state court in which it was filed.