United States District Court, S.D. Mississippi, Southern Division
KAREN M. DAVIS PLAINTIFF
THE BANK OF NEW YORK MELLON DEFENDANT
MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF'S
 MOTION TO REMAND
SULEYMAN OZERDEN UNITED STATES DISTRICT JUDGE.
THE COURT is the Motion to Remand  filed by Plaintiff
Karen M. Davis. This Motion is fully briefed. Having
considered the Motion, the record, and relevant legal
authority, the Court finds that it lacks subject-matter
jurisdiction, that Plaintiff's Motion to Remand 
should be granted, and that this case should be remanded to
the Chancery Court of George County, Mississippi.
Plaintiff's request for reasonable attorney's fees
will be denied.
20, 2002, Troy and Sandra Howell (the “Howells”)
executed a Deed of Trust which was secured by what appears to
be two parcels of real property located on Lyman Havard Lane
in Lucedale, George County, Mississippi (the “Howell
Property”). See Deed of Trust [1-2] at 14-25.
The Deed of Trust was subsequently assigned to Defendant The
Bank of New York Mellon, f/k/a The Bank of New York as
successor in interest to JPMorgan Chase Bank, N.A. as Trustee
for NovaStar Mortgage Funding Trust, Series 2002-3 NovaStar
Home Equity Loan Asset-Backed Certificates, Series 2002-3
(“Defendant” or “BONY”). See
Substituted Trustee's Deed [1-2] at 9.
the Howells purportedly defaulted on the terms of the Deed of
Trust, on December 8, 2016, the Substituted Trustee offered
the Howell Property for sale, and Defendant was the highest
bidder. Id. at 10. On December 20, 2016, the
Substituted Trustee executed a Substituted Trustee's Deed
and conveyed the Howell Property to Defendant, and the
Substituted Trustee's Deed was filed in the George
County, Mississippi, property records on December 27, 2016.
Id. The Substituted Trustee's Deed noted that
Roy Davis, Jr. had acquired an interest in a portion of the
Howell Property by a Quit-Claim Deed dated June 6, 2016.
Id. at 9.
on March 30, 2016, Roy Davis, Jr. (“Mr. Davis”),
executed a QuitClaim Deed which purported to convey to
Plaintiff Karen M. Davis (“Plaintiff” or
“Davis”) a parcel of real property also located
in George County, Mississippi (the “Davis
Property”). The Quit-Claim Deed was filed in the George
County property records the same date. Compl. [1-1] at 1;
see also Quit-Claim Deed [1-2] at 6-8. The legal
description of the Davis Property in the Quit-Claim Deed
differs from the descriptions of the two parcels in the Deed
of Trust and Substituted Trustee's Deed. Compare
Quit-Claim Deed [1-2] at 8, with Substituted
Trustee's Deed [1-2] at 12. It is unclear from the record
to what extent the Davis Property and the Howell Property may
overlap, if at all.
to the Complaint, eviction notices have been placed on
Plaintiff Karen M. Davis's home located on Highway 26 in
Lucedale, Mississippi. Compl. [1-2] at 2. Plaintiff asserts
that she “has been called on the telephone by the
Defendant . . . and/or their agents, employees, or
Co-Defendants, to threaten Plaintiff with trespass, to
threaten to physically remove her from her home, all for no
legal reason or justification, ” and that as a result,
Plaintiff has been unable to enter her home since December
2016. Id. Plaintiff claims that she has informed
Defendant and its agents and employees that she is the owner
of the Property and is not indebted to Defendant, but that
Defendant and its agents and employees “have continued
to threaten the Plaintiff with arrest, prosecution, and the
threat of criminal prosecution.” Id.
18, 2017, Plaintiff filed a Complaint for Damages, for
Wrongful Eviction, and for Temporary Restraining Order [1-2]
in the Chancery Court of George County, Mississippi, naming
BONY as the sole Defendant. Compl. [1-2] at 1. Plaintiff
appeared to assert a wrongful eviction claim and sought a
temporary restraining order to enjoin Defendant from evicting
her from her home and “stop the threatened eviction and
arrest of Plaintiff . . . .” Id. at 3.
Plaintiff stated that she “wonders if applicable RESPA
[Real Estate Settlement Procedures Act, 12 U.S.C. §
2601, et seq.] rules were followed” and
reserved “the right to conduct discovery and amend her
complaint after exploring this point.” Id. The
reasonable damages and compensation for the threats, for
preventing Plaintiff from being allowed access into her home,
for posting Notice of Eviction notices on her home, for
embarrassment to her family, friends and the community . . .
in the amount of $50, 000.00 in addition to her attorney fees
and all costs of this matter.
Id. at 4.
8, 2017, Defendant removed the case to this Court, invoking
diversity jurisdiction pursuant to 28 U.S.C. § 1332 and
federal question jurisdiction pursuant to 28 U.S.C. §
1331. Notice of Removal  at 2-3. On June 19, 2017,
Plaintiff filed the present Motion to Remand , contending
that the amount in controversy requirement of § 1332 is
not satisfied. Pl.'s Mot.  at 1-3. Defendant responds
that, in light of the injunctive relief and attorney's
fees sought in the Complaint, the amount in controversy
exceeds the sum or value of $75, 000.00, exclusive of
interest and costs. Def.'s Resp.  at 2-4.
Defendant has not shown that diversity jurisdiction