American Express National Bank v. Scales

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO

WESTERN DIVISION

American Express National Bank, Case No. 3:24-cv-986

Plaintiff

v. MEMORANDUM OPINION

AND ORDER

Bobbie Scales,

Defendant

Pro se defendant Bobbie Scales filed this removal action against American Express National

Bank. (ECF No. 1). Defendant filed a document titled “Removed from State Court” and attached a

document titled “Notice of Removal,” purporting to remove a state court action in the Erie County

Court of Common Pleas. (See ECF No. 1-1). It appears that Defendant is challenging Plaintiff’s

attempt to collect a debt. Defendant alleges that Plaintiff violated the Fair Debt Collection Practice

Act and it engaged in an illegal monopoly with the state of Kansas in its attempt to collect a debt of

$16,271.28. (ECF Nos. 1, 1-1).

A defendant may remove “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). District courts have

original jurisdiction over civil actions that arise under federal law, see 28 U.S.C. § 1331, or that

involve parties of diverse citizenship and exceed $75,000 in controversy, see 28 U.S.C. § 1332. The

party seeking removal bears the burden of demonstrating that the district court has original

jurisdiction. Williamson v. Aetna Life Ins. Co., 481 F.3d 369, 375 (6th Cir. 2007). And “because lack of

jurisdiction would make any decree in the case void and the continuation of the litigation in federal

(quoting Brown v. Francis, 75 F.3d 860, 864-65, 33 V.I. 385 (3d Cir. 1996)).

Federal question jurisdiction under 28 U.S.C. § 1331 is present only when a federal question

appears “on the face of the plaintiff’s properly pleaded Complaint.” Caterpillar Inc. v. Williams, 482

U.S. 386, 392, 107 S. Ct. 2425, 96 L. Ed. 2d 318 (1987). Federal counterclaims and defenses are

“inadequate to confer federal jurisdiction,” and do not provide a basis for removal. Beneficial Nat'l

Bank v. Anderson, 539 U.S. 1, 6, 123 S. Ct. 2058, 156 L. Ed. 2d 1 (2003) (“To determine whether the

claim arises under federal law, we examine the ‘well pleaded’ allegations of the complaint and ignore

potential defenses . . . .”); see also Holmes Grp., Inc. v. Vornado Air Circulation Sys., Inc., 535 U.S. 826,

831-32, 122 S. Ct. 1889, 153 L. Ed. 2d 13 (2002) (finding that, pursuant to the well-pleaded-

complaint rule, a counterclaim cannot serve as the basis for a federal court’s “arising under”

jurisdiction).

To remove a civil action from state court to federal court, the following pleading

requirements must be met: (1) the defendant or defendants must file in the district court a notice of

removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short

and plain statement of the grounds for removal, along with a copy of all pleadings and orders served

upon the defendant or defendants; and (2) the notice of removal must be filed within 30 days of

receiving the complaint or summons, whichever period is shorter, or within 30 days of receiving an

amended pleading, motion, order, or “other paper” from which the removability of the action may

first be ascertained. 28 U.S.C. § 1446(a) and (b).

As an initial matter, this action has not been properly removed. The only documents filed in

this case are Defendant’s documents titled “Removed from State Court” and an attachment titled

“Notice of Removal.” (See ECF Nos. 1, 1-2). Defendant has failed to file any pleadings from the

Erie County Court of Common Pleas. And it is not apparent from the removal notice that

Defendant has timely filed a notice of removal. Additionally, Defendant’s purported defense or

539 U.S. at 6. There is therefore no valid basis for an exercise of federal removal jurisdiction in this

case.

Accordingly, because Defendant did not properly remove the action from the Erie County

Court of Common Pleas, it is not necessary to remand the matter to state court. The Court therefore

dismisses this action. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal from this

decision may not be taken in good faith.

So Ordered.

s/ Jeffrey J. Helmick

United States District Judge