United States District Court, E.D. Michigan, Southern Division
Edgar J. Dietrich, Plaintiff,
JPMorgan Chase Bank, N. A., Defendant.
Elizabeth A. Stafford United States Magistrate Judge
OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR
REMAND , DENYING PLAINTIFF'S MOTION
FOR A TEMPORARY RESTRAINING ORDER , AND
GRANTING DEFENDANT'S MOTION TO DISMISS
Gershwin A. Drain United States District Court Judge
Edgar Julian Dietrich, commenced this foreclosure case in
Wayne County Circuit Court on or about September 27, 2016.
Dkt. No. 1-2, p. 3 (Pg. ID No. 12). The case was properly
removed to this Court on October 5, 2016 based on diversity
jurisdiction. Dkt. No. 1, p. 3 (Pg. ID No. 3). Plaintiff is a
citizen of Michigan and Defendant Chase Bank is a citizen of
Ohio, and thus complete diversity exists. Id. at
3-4. Additionally, the value of the object that is the
subject matter of the action, which seeks injunctive relief,
is valued in excess of $75, 000.00. Id. at 5-6.
Court ordered Plaintiff to show cause by December 22, 2016
why this new case is not frivolous, duplicative, or
harassing, because the Court enjoined Plaintiff from filing
new cases without permission in July 2016. Dkt. No. 14;
Dietrich v. Patti, No. CV 16-11469, 2016 WL 3682957,
at *4-5 (E.D. Mich. July 12, 2016). Plaintiff's answer
was not received by the Court until December 28, 2016, with a
postmark of December 21, 2016. Dkt. No. 15. Plaintiff
submitted what appears to be an identical copy of his prior
response to the order to show cause on January 4, 2017. Dkt.
before the Court are three motions, two of which were filed
by Plaintiff and one filed by Defendant. Plaintiff has failed
to timely respond to the Motion to Dismiss filed by Defendant
on December 7, 2016. Dkt. No. 13. Upon review of the
pleadings, the Court finds that oral argument will not aid in
the disposition of this matter. Accordingly, the Court will
decide the matter on the submitted brief. See E.D.
Mich. L.R. 7.1(f)(2).
reasons stated below, the Court will DENY Plaintiff's
Motion to Return the Case to the District Court or in the
Alternative to Issue a Preliminary Injunction to Preserve the
Status Quo , interpreted as a motion for remand; DENY
Plaintiff's Motion for a Temporary Restraining Order
; and GRANT Defendant's Motion to Dismiss .
March 28, 2003, Edgar Jason Dietrich, Plaintiff's son,
(hereinafter “Jason, ” to distinguish him from
Plaintiff) purchased the real property located at 15830 Wind
Mill Pointe, Grosse Pointe Park, Michigan (the
“Property”) with a $161, 250.00 loan (the
“Loan”) from Washington Mutual Bank, FA. Dkt. No.
13-2, p. 2 (Pg. ID No. 374). Jason's obligation to repay
the Loan was evidenced by a note (“Note”), which
was secured by a mortgage (“Mortgage”) on the
Property. Dkt. No. 13-3, pp. 2-26 (Pg. ID No. 377-401). Jason
is listed as the sole owner on the deed. See Dkt.
No. 13-2, Dkt. No. 13-4. Washington Mutual Bank assigned the
Mortgage to Defendant Chase Bank on July 11, 2016. Dkt. No.
terms of the Loan were defaulted upon connection with an
Adversary Proceeding in the U.S. Bankruptcy Court of the
Eastern District of Michigan, Case No. 15-04807-mbm.
Defendant Chase Bank began foreclosure by advertisement
proceedings (the “Foreclosure”), which has since
been placed on hold. Dkt. No. 13, p. 11 (Pg. ID No. 359).
Law & Analysis 1. Motion to
Complaint seeks an Order enjoining the foreclosure and
monetary relief, and the following contains eight (8) counts:
(1) Wrongful Foreclosure; (2) Fraud; (3) Negligence; (4)
Breach of Contract; (5) Breach of Fiduciary Duty; (6) Breach
of the Implied Covenant of Good Faith and Fair Duty; (7)
Unjust Enrichment; and (8) Slander of Title. See
Dkt. No. 1-2.
bring this motion pursuant to both Federal Rule of Civil
Procedure 12(b)(1)-for lack of subject matter
jurisdiction-and Federal Rule of Civil Procedure 12(b)(6)-for
failure to state a claim. Dkt. No. 13.