Troubadour Investments LLC v. Ewing
3:18-cv-00269
M.D. Tenn.May 25, 2018Background
- Troubadour Investments brought a state-law detainer action in Davidson County General Sessions Court seeking rent and possession; judgment entered for Troubadour for $2,610 and possession.
- Defendant Tracy Ewing (pro se) appealed to Davidson County Circuit Court and then removed the case to federal court.
- Ewing’s Notice of Removal invoked multiple federal statutes (including the FDCPA) but did not plead diversity of citizenship.
- Troubadour moved to remand, arguing lack of federal-question or diversity jurisdiction.
- The magistrate judge found Troubadour’s detainer complaint exclusively state-law, and Ewing’s federal statutory allegations were defensive and not part of the plaintiff’s well-pleaded complaint.
- Recommendation: grant remand and dismiss the federal action for lack of subject-matter jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether federal-question jurisdiction exists for removal | No federal question; state-law detainer only | Ewing contends federal statutes (e.g., FDCPA) are implicated | No — complaint raises only state law; federal claims are defensive, so removal improper |
| Burden of proof for removability and remedy | Remand to state court and dismissal for lack of jurisdiction | Ewing asserts federal statutes and resists remand | Remand granted; case dismissed for lack of subject-matter jurisdiction (removing party failed to meet burden) |
Key Cases Cited
- Gully v. First Nat. Bank of Meridian, 299 U.S. 109 (federal-question jurisdiction looks to plaintiff’s well-pleaded complaint)
- Metropolitan Life Ins. Co. v. Taylor, 481 U.S. 58 (a case arises under federal law only when plaintiff’s complaint raises federal issues)
- Phillips Petroleum Co. v. Texaco, Inc., 415 U.S. 125 (defensive federal-law issues do not create federal-question jurisdiction)
- Coyne v. American Tobacco Co., 183 F.3d 488 (6th Cir.) (removal statutes strictly construed; doubts resolved in favor of remand)
- Rogers v. Wal-Mart Stores, Inc., 230 F.3d 868 (6th Cir.) (removing party bears burden to establish proper federal jurisdiction)
- Thomas v. Arn, 474 U.S. 140 (objections to a magistrate judge’s report and recommendation must be timely to preserve appellate review)