![]() § 1332(d)(10) as a basis for diversity jurisdiction. In doing so, BONY improperly relied upon 28 U.S.C. ![]() BONY filed a notice of removal on February 7th, 2013, within the 30-day period for removal specified by 28 U.S.C. Fireside is an unincorporated association of 1 condominium owners, each of whom owns a unit on a property in Montgomery County. FACTUAL AND PROCEDURAL BACKGROUND Fireside filed suit against BONY in the Circuit Court for Montgomery County, Maryland on or about December 21, 2012. The remaining motions in the case will be DENIED as moot. For the reasons articulated below, Plaintiff s Motion to Remand will be GRANTED and Defendant s Motion for Leave to Amend Notice of Removal and Motion for Expedited Jurisdictional Discovery will be DENIED. The Court has reviewed the parties briefs and concludes that no hearing is necessary. Pending before the Court are Plaintiff s Motion to Remand, Defendant s Motion for Leave to Amend Notice of Removal, Defendant s Motion for Leave to File a Surreply, and Defendant s Motion for Expedited Jurisdictional Discovery. * * ****************************************************************************** MEMORANDUM OPINION Plaintiff Council of Unit Owners of Fireside Condominium (Fireside) filed suit against Defendant The Bank of New York Mellon (BONY) amid a dispute over a Deed of Trust BONY holds on a piece of property owned by Fireside. 13-cv-0420-AW * THE BANK OF NEW YORK MELLON, * * Defendant. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SOUTHERN DIVISION COUNCIL OF UNIT OWNERS OF FIRESIDE CONDOMINIUM, Plaintiff, * * * * * v.
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