Electronically Filed 11/14/2013 03:41:17PM ET

*** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK.***

IN THE CIRCUIT COURT OF THE 15th

JUDICIAL CIRCUIT, IN AND FOR
PALM BEACH COUNTY, FLORIDA

CASE NO, 502013CA000865XXXXMBAE

THOMAS C. D'ALESSANDRO, JR., INDIVIDUALLY;

BERNADETTE H. D'ALESSANDRO, INDIVIDUALLY;

Plaintiffs,
vs.

PY
NATIONSTAR MORTGAGE, LLC;
NATIONAL CITY BANK, el al..

CO
Defendants.
_______________________________________/

D
NOTICE OF FILING OF DEFENDANT NATIONSTAR'S1
NOTICE OF REMOVAL TO FEDERAL COURT
IE
PLEASE TAKE NOTICE that defendant Nationstar has filed its notice of removal of this
IF
case in the United States District Court for the Southern District of Florida, West Palm Beach
RT

Division, on November 14, 2013. This case, pending in the Circuit Court, in and for Palm Beach
CE

County, Florida, has now been removed to federal court.

[Remainder of page left blank.]

A
T
O
N

1 "Nationstar" abbreviates defendant, Nationstar Mortgage LLC.

{27473839;!)
A copy of said notice of removal is attached as Exhibit A.

Respectfully submitted,

AKERMAN LLP f/k/a AKERMAN SENTERFITT

VICTOR R. BERWIN
Florida Bar No.: 823821
victor. berwin@akerm an. com
[email protected]

PY
mary. wyatt@akerman. com
222 Lakeview Avenue, Suite 400
West Palm Beach, Florida 33401

CO
Telephone: 561-671-3626
Facsimile: 561-659-6313
- and -
WILLIAM P. HELLER

D
Florida Bar No.: 987263
[email protected]
IE
[email protected]
BRIAN A. SEIDENBERG
IF
Florida Bar No.: 88825
[email protected]
RT

mari a. m i 11 man@akerman .com

Las Olas Centre II, Suite 1600
350 East Las Olas Boulevard
CE

Fort Lauderdale, Florida 33301-2229

Telephone: 954-463-2700
Facsimile: 954-463-2224
A

Counselfor Nationstar
T

CERTIFICATE OF SERVICE
O

I hereby certify that a true copy of the foregoing has been furnished via electronic mail to
N

Kelsay D. Patterson, Esq., [[email protected]], and [[email protected]], on this

14tb day of November 2013.

Victor R. Berwin

{27473839;!}
2
 UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF. FLORIDA
WEST PALM BEACH DIVISION

CASE NO.
THOMAS C. D'ALESSANDRO, JR„
INDIVIDUALLY; BERNADETTE H.,
D'ALESSANDRO, INDIVIDUALLY,

Plaintiffs,

PY
vs.

NATIONSTAR MORTGAGE, LLC; LEHMAN

CO
BROTHERS BANK, FSB; NATIONAL CITY
BANK, ET AL.,

Defendant(s).

D
______________________________ /

IE
NOTICE OF REMOVAL BY DEFENDANT NATIONSTAR1
IF
I. Introduction
RT

Nationstar removes the action pending in the Circuit Court in and for the Fifteenth

Judicial Circuit, Palm Beach County, Florida (State Court), under case number
CE

502013CA000865XXXXMB. The State Court is within the Southern District of Florida, and

within this division.

A

Removal is based on diversity jurisdiction pursuant to 28 U.S.C. §§ 1332, 1441, and

T

1446. All parties are citizens of different states, and the amount in controversy exceeds $75,000.
O

IL Procedural Compliance
N

This notice is timely. See 28 U.S.C. § 1446(b). Plaintiffs Thomas C. D'Alessandro, Jr.

and Bernadette H. D'Alessandro filed their amended verified complaint (Amended Complaint)

on or about October 3, 2013. A copy of the summons and Amended Complaint was served on

Nationstar on October 16, 2013. This constituted the first legal notice for purposes of removal.

1 "Nationstar" abbreviates defendant Nationstar Mortgage, LLC.

{27326877;!}
Copies of the documents filed in the State Court are attached as Composite Exhibit A in

compliance with 28 U.S.C, § 1446(a).

The Amended Complaint seeks money damages and seeks to quiet title to real property

located at 19291 West Indies Lane, Tequesta, Florida 33469 (Property).

No process has been served on defendants Lehman Brothers, Bank, FSB; National City

Bank; and Mortgage Electronic Registration Systems (MERS), as of this date rendering their

PY
consent to this removal unnecessary. See 28 U.S.C. § 1446(b)(2)(A). "The requirement that

CO
there be unanimity of consent in removal cases with multiple defendants does not require consent

of defendants who have not been properly served." Johnson v. Elizabeth R. Wellborn, P.A., 418

D
Fed. Appx. 809, 815 (11th Cir. 2011); see also Bailey v. Janssen Pharmaceutica, Inc., 536 F.3d
IE
1202, 1208 (11th Cir. 2008) ("[A] defendant has no obligation to participate in any removal
IF
procedure prior to his receipt of formal service of judicial process.").
RT

Contemporaneous with the filing of this notice of removal, Nationstar served the

D’Alessandros with a notice of filing notice of removal as required by 28 U.S.C. § 1446(d). A

CE

copy of that notice (without exhibits) is attached as Exhibit B. The original of that notice, with

exhibits, is being filed with the clerk of the State Court in accordance with 28 U.S.C. § 1446(d).
A

HI. Grounds for Removal

T

This is a civil action over which the United States District Courts have original
O

jurisdiction pursuant to 28 U.S.C. § 1332 because it is a civil action where the matter in
N

controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between

citizens of different states. See also City of Vestavia Hills v. Gen. Fid. Ins. Co., 676 F.3d 1310,

1313 n.l (11th Cir. 2012) ("A defendant may remove an action to a district court that would have

2
original jurisdiction if complete diversity between the parties exists and the amount in

controversy exceeds $75,000.").

The Amended Complaint purportedly attempts to quiet title over the Property by seeking

an order adjudicating two mortgages, one in favor of Lehman Brothers Bank, FSB and one in

favor of National City Bank, as well as an assignment of mortgage from MERS as nominee for

Lehman Brothers Bank, FSB to Nationstar, null and void. (See Amended Complaint ^$12, 13,

PY
28, 38, 46, 47, 69, 70.) The market value of the Property is greater than the $75,000 amount in

CO
dispute requirement for diversity jurisdiction. The Palm Beach County Property Appraiser's

Office shows the 2013 preliminary market value is $223,470 and the 2012 value was

D
$210,666, A true and correct copy of the screen printout showing this is attached as Exhibit C.

The amount in controversy exceeds $75,000.

IE
IF
The parties are citizens of different states as set forth in 28 U.S.C. §§ 1332(a)(1) and
RT

1332(c)(1). Plaintiffs Thomas C. D'Alessandro, Jr. and Bernadette H. D'Alessandro are citizens

of the State of Florida. Defendant Nationstar is a limited liability company. As a limited

CE

liability company, Nationstar "is a citizen of every state of which its owners/members are

citizens," for purposes of diversity jurisdiction under § 1332(a). Rolling Greens MUP, L.P. v.
A

Comcast SCH Holdings, 374 F. 3d 1020, 1022 (HthCir. 2004). Nationstar has two members.
T

Nationstar Subl LLC and Nationstar Sub2 LLC. Both of Nationstar's members are Delaware
O

limited liability companies that are completely owned by Nationstar Mortgage Holdings, Inc., a
N

Delaware corporation. Nationstar Mortgage Holdings, Inc.'s principal place of business is in

Texas. Pursuant to 28 U.S.C. § 1332(c), a defendant corporation is a citizen both of the state in

which it is incorporated and the state in which it maintains its principal place of business. See

Hertz Corp. v. Friend, 130 S. Ct. 1181, 1183 (2010) ("The phrase 'principal place of business' in

3
§ 1332(c)(1) refers to the place where a corporation's high level officers direct, control, and

coordinate the corporation's actions i.e. its 'nerve center'"). For purposes of diversity jurisdiction,

Nationstar is a citizen of Delaware and Texas. Defendant MERS is a Delaware corporation,

based in Virginia, Aurora Commercial Corp., successor-by-merger to Aurora Bank FSB

(formerly known as Lehman Brothers Bank FSB), is a Delaware corporation with its principal

place of business in Littleton, Colorado. Defendant National City Bank, k/n/a PNC Bank, N.A.,

PY
is a national association, with a principal place of business in Delaware.

CO
IV. Conclusion

Removal is proper because the Amended Complaint falls within this Court's subject

D
matter jurisdiction under 28 U.S.C. §§ 1332 and 1441(a) and (b). The D'Alessandros allege a

IE
claim where the amount in controversy exceeds $75,000, and all parties are citizens of different
IF
states. Nationstar has met all procedural requisites for removal, and this notice is timely filed.
RT

[Remainder of page left blank.]

CE
A
T
O
N

4
Nationstar requests this Court take jurisdiction and conduct all further proceedings in this case.

Respectfully submitted,

------- --------------------------
AKERMAN LLP f/k/a AKERMAN SENTERFITT
VICTOR R. BERWIN
Florida Bar No.: 823821
[email protected]
[email protected]
[email protected]

PY
222 Lakeview Avenue, Suite 400
West Palm Beach, Florida 33401
Telephone: 561-671-3626

CO
Facsimile: 561-659-6313
-and -
WILLIAM P. HELLER
Florida Bar No.: 987263

D
[email protected]
[email protected]
IE
BRIAN A. SEIDENBERG
Florida Bar No.: 88825
IF
[email protected]
[email protected]
RT

Las Olas Centre II, Suite 1600

350 East Las Olas Boulevard
Fort Lauderdale, Florida 33301-2229
CE

Telephone: 954-463-2700
Facsimile: 954-463-2224

Counsel for Nationstar

A
T
O

CERTIFICATE OF SERVICE
N

I hereby certify that a true copy of the foregoing has been furnished via electronic mail to

Kelsay D. Patterson, Esq., [[email protected]] and [[email protected]], on this

14th day of November 2013.

Victor R. Berwin