Whelan v. Wesley Apartment Homes, LLC

376 F. Supp. 3d 1312
CourtDistrict Court, N.D. Georgia
DecidedApril 26, 2019
DocketCIVIL ACTION FILE No. 1:19-cv-0235-SCJ
StatusPublished
Cited by5 cases

This text of 376 F. Supp. 3d 1312 (Whelan v. Wesley Apartment Homes, LLC) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Whelan v. Wesley Apartment Homes, LLC, 376 F. Supp. 3d 1312 (N.D. Ga. 2019).

Opinion

HONORABLE STEVE C. JONES, UNITED STATES DISTRICT JUDGE

Invoking the provisions of the Class Action Fairness Act ("CAFA"), Defendants removed this class action, in which Plaintiff seeks to represent a class pursuing damages for violations of the Georgia Security Deposit Statute. See Doc. No. [1]. Plaintiff filed a Motion to Remand claiming the home-state exception to CAFA applies (or, in the alternative, the Court should decline jurisdiction under CAFA), removal was untimely, and Defendants fail to establish the amount in controversy by a preponderance of the evidence. Doc. No. [8]. As explained below, the Court finds that it lacks jurisdiction to hear this case and, therefore, remands it back to state court.

I. BACKGROUND

Plaintiff Whelan filed this action in the State Court of DeKalb County on August 28, 2018. See Doc. No. [1-2]. He alleges violations of the Georgia Security Deposit Statute, particularly sections 44-7-30 through 44-7-37. Id. at 5. His complaint seeks to represent a class of individuals that have had their security deposits improperly withheld by Defendants. The complaint defines the proposed class as "Ryan Whelan and any citizen of Georgia" who "had all or some of their security deposit" not returned within one month of terminating their lease due to alleged damage to the premises and who did not receive a comprehensive, itemized list of the alleged damages from Defendants within three days of termination. Id. at 11. The proposed class excludes any claims for security deposits retained after June 30, 2018. Id.

Defendants were served on August 31, 2018. Doc. Nos. [8-2]; [8-3]; [8-4]. Plaintiff's complaint did not allege his citizenship; rather, it stated that he was a resident of Maryland. See Doc. No. [1-2], p. 6. On November 9, 2018, Defendants served Plaintiff with written discovery requests, in which they sought confirmation that Plaintiff was not a Georgia citizen. See, e.g., Doc. No. [1-5], pp. 2, 5. Plaintiff *1315served Defendants his responses on December 12, 2018 and confirmed he was not a citizen of Georgia. Doc. No. [1-7], pp. 2, 6. Defendants filed their notice of removal thirty days later, on January 11, 2019. Doc. No. [1].

II. LEGAL STANDARD

"Federal courts are courts of limited jurisdiction. They possess only that power authorized by Constitution and statute." Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994). Federal law allows for the removal of "any civil action brought in a State court of which the district courts of the United States have original jurisdiction." 28 U.S.C. § 1441(a). Congress, through CAFA, has given "federal courts jurisdiction over certain class actions, defined in § 1332(d)(1), if the class has more than 100 members, the parties are minimally diverse,1 and the amount in controversy exceeds $ 5 million." Dart Cherokee Basin Operating Co. v. Owens, --- U.S. ----, 135 S.Ct. 547, 552, 190 L.Ed.2d 495 (U.S. 2014) ; see also 28 U.S.C. § 1332(d)(2), (5)(B). However, CAFA also creates a "home-state exception" which requires district courts to "decline to exercise jurisdiction" over class actions in which "two-thirds or more of the members of all proposed plaintiff classes in the aggregate, and the primary defendants, are citizens of the State in which the action was originally filed." 28 U.S.C. § 1332(d)(4)(B). While other removal statutes are narrowly construed in favor of remand, "no antiremoval presumption attends cases invoking CAFA." Dart, 135 S.Ct. at 554 ; Dudley, 778 F.3d at 913.

"[T]he burden of establishing removal jurisdiction rests with the defendant[s] seeking removal." Scimone v. Carnival Corp., 720 F.3d 876, 882 (11th Cir. 2013). Jurisdictional facts, such as citizenship and the amount in controversy, are assessed at the time of removal. Id.; see also Dudley v. Eli Lilly & Co., 778 F.3d 909, 913 (11th Cir. 2014). If the jurisdictional facts are challenged, the removing party must prove those facts through a preponderance of the evidence. Dudley, 778 F.3d at 913 . Although "the removing party bears the initial burden of establishing federal jurisdiction," the opposing party seeking "to avail itself of an express statutory exception ... bears the burden of proof with regard to that exception." Evans v. Walter Indus., Inc., 449 F.3d 1159, 1164 (11th Cir. 2006).

For removal to be appropriate, not only must jurisdiction be proper, but the removing party must also follow the procedural requirements for removal. See 28 U.S.C. § 1446 ; see also Pretka v. Kolter City Plaza II, Inc., 608 F.3d 744, 756 (11th Cir. 2010) ("CAFA's removal provision expressly adopts the procedures of the general removal statute.").

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376 F. Supp. 3d 1312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whelan-v-wesley-apartment-homes-llc-gand-2019.