Tinsley v. Glaude
- James Donato
- 3:24-cv-05673
- U.S. District Court · Northern District of California
- 1
In Tinsley v. Glaude, Judge Donato granted remand motions because federal jurisdiction was questionable and removal was untimely.
Select Portfolio Servicing, Inc. and Deutsche Bank National Trust Co., whose motions to remand were granted; Donald Glaude, whose removal notice was found untimely; and Frederick E. Tinsley, whose case had been removed from state court.
What happened
In Tinsley v. Glaude, defendants Select Portfolio Servicing, Inc. and Deutsche Bank National Trust Co. asked the federal court to send the case back after it was removed from state court.
The court said the complaint did not clearly show a basis for federal jurisdiction based on the parties’ citizenship or a federal question. It also said Donald Glaude’s August 22, 2024 removal notice came nearly two years after Frederick E. Tinsley filed the operative complaint in state court, making the removal too late.
Judge James Donato granted both remand motions and canceled the October 31, 2024 hearing.
The detailed version
- Tinsley v. Glaude · No. 3:24-cv-05673
- James Donato
- Oct. 29, 2024
Background
Frederick E. Tinsley filed the operative complaint in state court. Donald Glaude later filed a notice seeking to move the case to federal court on August 22, 2024. Select Portfolio Servicing, Inc. and Deutsche Bank National Trust Co. filed motions asking the federal court to remand the case, meaning to return it after removal.
Court’s Analysis
The court stated that, based on the face of the complaint, it was questionable whether federal jurisdiction existed through diversity jurisdiction or federal-question jurisdiction. Diversity jurisdiction concerns certain disputes between citizens of different states; federal-question jurisdiction concerns claims arising under federal law. The court also found that the removal was untimely because Glaude filed the notice nearly two years after Tinsley filed the operative complaint in state court. The court cited the federal removal-time-limit statutes.
Disposition
The court granted Select Portfolio Servicing, Inc.’s and Deutsche Bank National Trust Co.’s motions to remand. It vacated the hearing set for October 31, 2024. The opinion does not state any additional disposition of the claims or specify further proceedings in state court.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.