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MOFFITT v. RESIDENTIAL FUNDING CO., LLC

Nos. 10-1316, 10-1319, 10-1321.

604 F.3d 156 (2010)

Judith J. MOFFITT, Plaintiff-Appellant, v. RESIDENTIAL FUNDING COMPANY, LLC; JP Morgan Chase Bank, N.A., Defendants-Appellees. Lynn A. Fulmore, Plaintiff-Appellant, v. Premier Financial Corporation, on behalf of Maximus Financial Corporation; Sovereign Bank, a U.S. Savings Bank, Defendants-Appellees. Edwin Ruble, Plaintiff-Appellant, v. The Mortgage Consultants Incorporated, a Maryland Corporation; Banc One Financial Services, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: May 3, 2010.

Attorney(s) appearing for the Case

ARGUED: Edwin David Hoskins, The Law Offices of E. David Hoskins, LLC, Baltimore, Maryland, for Appellants. James Christopher Martin, Reed Smith, LLP, Pittsburgh, Pennsylvania, for Appellees. ON BRIEF: Thomas L. Allen, John M. McIntyre, David J. de Jesus, Reed Smith LLP, Pittsburgh, Pennsylvania, Gerard J. Gaeng, Rosenberg, Martin, Greenberg, LLP, Baltimore, Maryland, for Appellees Residential Funding Company, LLC, and Sovereign Bank; LeAnn Pedersen Pope, Victoria R. Collado, Andrew D. LeMar, Burke, Warren, MacKay & Serritella, PC, Chicago, Illinois, for Appellees JP Morgan Chase Bank, N.A., and Banc One Financial Services, Incorporated; Philip M. Andrews, Katrina J. Dennis, Kramon & Graham, P.A., Baltimore, Maryland, for Appellee Premier Financial Corporation; Alexander Y. Thomas, Richard D. Holzheimer, Reed Smith LLP, Falls Church, Virginia, Andrew C. Bernasconi, Reed Smith LLP, Washington, DC, for Appellee Banc One Financial Services, Incorporated.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Judge SHEDD joined.

OPINION

WILKINSON, Circuit Judge:

In these three interlocutory appeals, the plaintiffs challenge the district court's denial of their motions to remand their cases to state court. While the procedural history of these cases is involved, the legal issue is straightforward. After their cases were removed and prior to moving to remand, the plaintiffs filed amended complaints in federal court that alleged facts giving rise to federal diversity jurisdiction under...

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