Deabreu v. Novastar Home Mortgage, Incorporated
8:11-cv-03692
D. MarylandFeb 5, 2013Background
- Plaintiffs Deabreu, proceeding pro se, filed a foreclosure-related suit in 2011 in the District of Columbia, later transferred to Maryland.
- Seventeen defendants moved to dismiss for lack of subject matter jurisdiction; Wells Fargo and others were among them.
- The court, in a June 4, 2012 memorandum, dismissed for lack of federal question and diversity jurisdiction.
- Plaintiffs sought reconsideration under Rule 59(e) on June 19, 2012, arguing a Consent Judgment press release created jurisdiction.
- The court held the consent judgment post-dating the complaint did not establish subject matter jurisdiction and reaffirmed lack of federal question/diversity.
- On February 5, 2013, the court denied the motion for reconsideration and directed service of the order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 59(e) grounds justify reconsideration | Deabreu | Wells Fargo | Denied |
| Whether a post-Complaint consent judgment creates subject matter jurisdiction | Deabreu | Wells Fargo | Denied |
| Whether federal question jurisdiction existed despite no federal claims | Deabreu | Wells Fargo | Denied |
| Whether diversity jurisdiction existed | Deabreu | Wells Fargo | Denied |
Key Cases Cited
- West v. Atkins, 487 U.S. 42 (1988) (federal question requires a federal-right or state action under color of state law)
- Scarborough v. Carotex Const., Inc., 420 F. App’x 870 (11th Cir. 2011) (no jurisdiction where complaint lacks federal government involvement)
- Pacific Insurance Co. v. American National Fire Insurance Co., 148 F.3d 396 (4th Cir. 1998) (Rule 59(e) limits to new evidence, changes in law, or clear error)
- United States ex rel. Becker v. Westinghouse Savannah River Co., 305 F.3d 284 (4th Cir. 2002) (Rule 59(e) standard for reconsideration)