8:25-cv-02072
D. MarylandJul 7, 2025Background
- Plaintiff North Hills Apts LLC filed a state court action against Defendant Kesha Horsley for repossession of a rented property, alleging nonpayment of rent.
- Horsley, representing herself, removed the case to the U.S. District Court for the District of Maryland, claiming federal question jurisdiction.
- The original complaint concerned only state real property law and did not state a federal claim.
- Horsley completed a civil cover sheet, incorrectly referencing 18 U.S.C. § 8, a federal criminal statute irrelevant to civil claims.
- The federal court reviewed subject matter jurisdiction sua sponte and determined neither federal question nor diversity jurisdiction was present.
- The court ordered the case remanded back to the District Court of Maryland for Prince George’s County and closed the federal case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Federal question jurisdiction exists | Did not assert a federal claim | Claims a federal question exists | No federal question on face of complaint; jurisdiction lacking |
| Diversity jurisdiction applies | Did not assert | Did not assert | No diversity present between parties |
| Removal proper based on anticipated federal defense | Not argued | Removal on perceived federal basis | Federal defense cannot create removal jurisdiction |
| Proper subject matter jurisdiction in federal court | State court action only | Seeks federal venue | Lacks subject matter jurisdiction; remand required |
Key Cases Cited
- Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546 (federal courts need a statutory basis for jurisdiction)
- Caterpillar Inc. v. Williams, 482 U.S. 386 (federal question must appear on the face of the well-pleaded complaint)
- Hertz Corp. v. Friend, 559 U.S. 77 (federal courts have an independent obligation to determine subject-matter jurisdiction)
- Ellenburg v. Spartan Motors Chassis, Inc., 519 F.3d 192 (court must ensure it has subject matter jurisdiction even sua sponte)
- Strawn v. AT&T Mobility LLC, 530 F.3d 293 (burden is on party seeking federal jurisdiction)