Johnson v. Citibank, N.A.

63 F. Supp. 3d 545, 2014 U.S. Dist. LEXIS 168676, 2014 WL 6865730
CourtDistrict Court, D. Maryland
DecidedDecember 5, 2014
DocketCase No. PWG-14-3024
StatusPublished
Cited by3 cases

This text of 63 F. Supp. 3d 545 (Johnson v. Citibank, N.A.) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Citibank, N.A., 63 F. Supp. 3d 545, 2014 U.S. Dist. LEXIS 168676, 2014 WL 6865730 (D. Md. 2014).

Opinion

MEMORANDUM OPINION1

PAUL W. GRIMM, District Judge.

After initially filing this case pro se in Maryland district court, Plaintiff prayed a jury trial and it was transferred to Maryland circuit court, where the complaint was amended several times. After Plaintiff filed his jury demand, Defendant sought to remove to this Court by filing a notice of removal and providing notice to Plaintiff and the state district court—but not to the circuit court. Plaintiff has moved, inter alia, to remand this case to state court on the grounds that there was no case pending in district court to remove after the jury demand was filed. I disagree, and find that although jurisdiction transferred from state district court to circuit court [547]*547with the filing of the jury demand, the case remained pending and was removable to this court. However, because Defendant did not provide notice to the circuit court (in which the case was pending) until after Plaintiff amended his complaint to remove all of his federal claims, there was no basis for federal jurisdiction at the time that removal was effected. Accordingly, this case must' be remanded ■ to state court.

I. BACKGROUND

For purposes of the pending motion, the relevant facts are undisputed and, for the most part, are reflected in court dockets that are judicially noticeable. See Fed. R.Evid. 201, 803(8)(A)(i), 902(5).

Plaintiff Joe Johnson initially filed his pro se complaint in the District Court for Prince George’s County on August 21, 2014, Compl., ECF No. 2, setting forth two counts arising out of alleged billing errors on his credit cards—(I) violation of the Fair Credit Billing Act (“FCBA”), 15 U.S.C. § 1666,2 and (II) defamation—and seeking $2,500 in damages, plus interest, id. Defendant Citibank, N.A. (“Citibank”) was served with process on September 2, 2014. Notice of Removal ¶ 2, ECF No. 1. Shortly thereafter on September 4, 2014, Johnson filed a nine-count amended complaint (“1st Am. Compl.”) setting forth claims not only for (I) FCBA violations and (II) defamation, but also for (III) libel, (IV) “Invasion of Privacy by Intrusion upon Seclusion,” (V) “Breach of Statutory Duty,” (VI) breach of fiduciary duty, (VII) “Breach of Agreement,” (VIII) negligence, and (IX) intentional infliction of emotional distress. 1st Am. Compl., ECF No. 6. Johnson also increased the damages he sought to $11,000 plus interest and demanded a jury trial. 1st Am. Compl. 18. The district court rejected the jury demand because Johnson’s claim did not meet the threshold under Md.Code Ann., Cts. & Jud. Proc. § 4-402(e)(l) (“In a civil action in which the amount in controversy does not exceed $15,000, ... a party may not demand a jury trial pursuant to the Maryland Rules.”), or Article 5 of the Maryland Declaration of Rights. See Dist. Ct. Docket, Johnson v. Citibank, N.A., No. 050200198202014 (Md.Dist.Ct.P.G.Cnty. filed Aug. 22, 2014), available at http://ease search.courts.state.md.us/mquiry/inquiry Detail.jis?caseld=050200198202014&detail Loc=DSCIVIL (last visited Dec. 5, 2014).

On September 16, 2014, Johnson then filed a Second Amended Complaint in Prince George’s County district court that consisted only of a Civil Cover Sheet incorporating the First Amended Complaint by reference and sought to “increas[e] and/or correct[ ] AD DAMNUM,” to $30,000 “and DEMAND[ ] JURY TRIAL.” 2d Am. Compl., ECF No. 7.3 The District Court Docket reflects that the case was sent to the Circuit Court for Prince George’s [548]*548County on September 17, 2014 and the circuit court accepted jurisdiction over it the next day, September 18, 2014. Cir. Ct. Docket, Johnson v. Citibank N.A., No. CAL14-25579 (Cir.Ct.P.G.Cnty. filed Sept. 18, 2014), available at http://casesearch. courts.state.md.us/inquiry/inquiryDetail. jis?caseId=CAL1425579&detailLoc=PGV (last visited Dec. 5, 2014). However, Citibank has claimed in its briefs (though not in an affidavit, declaration, or other sworn statement under 28 U.S.C. § 1746) that its counsel contacted the clerk of the circuit court on September 23, 2014 and “was advised that the file remained with the District Court,” following which Citibank’s counsel was able to obtain some case documents from the clerk of the district court. Def.’s Remand Opp’n 2.

On September 25, 2014, Citibank filed a Notice of Removal in this Court pursuant to 28 U.S.C. §§ 1331, 1441, and 1446, on the grounds that Johnson’s FCBA claim presented a federal question under 28 USC § 1331. Notice of Removal. Citibank served a copy of the Notice of Removal on Johnson as required by 28 U.S.C. § 1446(d), Notice of Removal 4, and filed a copy of the Notice of Removal in the District Court for Prince George’s County on September 25, 2014, which was accepted by the clerk of that court, Notice of Removal to the U.S. D. Ct. for D. Md., S. Division Under 28 U.S.C. §§ 1331, 1441, and 1446, at 1, Def.’s Remand Opp’n Ex. 2, ECF No. 19-2. However, Citibank never filed a copy of the Notice of Removal in the Circuit Court for Prince George’s County.4 On September 30, 2014, the clerk of the Circuit Court for Prince George’s County sent out the letter required by Md. Rule 2-326(a) advising Citibank that the case had been transferred to the circuit court as of September 18, 2014. Letter from Marilynn M. Bland, Clerk of the Circuit Court to Citibank (Sept. 30, 2014), Pl.’s Mot. to Remand Ex. B, ECF No. 16-3; see also Cir. Ct. Docket.

On September 30, 2014, Johnson filed a third amended complaint5 in circuit court, setting forth ten counts for: (I) “Breach of Agreement”; (II) defamation; (III) libel; (IV) “Invasion of Privacy by Intrusion upon Seclusion”; (V) “Breach of Statutory Duty”; (VI) breach of duty of care; (VII) “Breach of Agreement”; (VIII) negligence; (IX) “Unfair and Deceptive Trade Practice”; and (X) intentional infliction of emotional distressed Am. CompL, PL’s Mot. to Remand Ex. C, ECF No. 16^1. [549]*549Conspicuously missing from the Third Amended Complaint are any claims arising under federal law.

On October 2, 2014, Citibank filed a Motion to Dismiss Plaintiffs Second Amended Complaint (“Def.’s Mot. to Dismiss”), ECF No. 13, in this Court pursuant to Fed.R.Civ.P. 12(b)(6). Johnson responded on October 6, 2014 with a Motion to Strike Defendant’s Notice of Removal, or in the Alternative, to Remand Case (“Pl.’s Mot.

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63 F. Supp. 3d 545, 2014 U.S. Dist. LEXIS 168676, 2014 WL 6865730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-citibank-na-mdd-2014.