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- ilnd;;1:14-cv-08643_de46 RegisterActionDate "2015-06-12" @default.
- ilnd;;1:14-cv-08643_de46 RegisterActionDescriptionText "MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff's motion to remand the case to state court 36 is denied. While the FDIC is no longer a party, events subsequent to removal do not affect the Court's subject matter jurisdiction. See F.D.I.C. v. Mudd, 704 F. Supp. 2d 822, 825 (N.D. Ill. 2010) (granting motion to substitute bank for FDIC in mortgage foreclosure action and denying motion to remand due to substitution, noting that the court "must decide the issue in light of our Court of Appeals' approach to post-filing or post-removal changes, and that caselaw has come down quite hard on the side of rejecting subsequent changes as calling for the rejection of continuing subject matter jurisdiction"). Even if the Court were permitted to consider in its determination of subject matter jurisdiction the substitution of Phoenix as the plaintiff, the Court would retain supplemental jurisdiction over the mortgage foreclosure action. See New Rock Asset Partners, L.P. v. Preferred Entity Advancements, Inc., 101 F.3d 1492, 1510 (3d Cir. 1996) (concluding that "the district court had supplemental jurisdiction over this case after it dismissed the RTC"). Moreover, the Court notes that certain courts have concluded that a federal district court maintains original jurisdiction over state law claims even after the FDIC has been dismissed as a defendant. See Lindley v. F.D.I.C., 733 F.3d 1043, 1058 (11th Cir. 2013) ("After careful review, we join the Second, Fifth, and Eighth Circuits in concluding that when the FDIC is a party to a civil suit and removes that case to federal court, the District Court has original jurisdiction over claims against non-FDIC defendants, and this jurisdiction is not lost if the FDIC is later dismissed from the case."). Mailed notice (cjg, ) (Entered: 06/12/2015)" @default.
- ilnd;;1:14-cv-08643_de46 AdministrativeID "45" @default.
- ilnd;;1:14-cv-08643_de46 OntologyLabel minute_entry @default.
- ilnd;;1:14-cv-08643_de46 hasReferenceToOtherEntry ilnd;;1:14-cv-08643_de37 @default.