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When a federal court concludes that it lacks subject-matter…

When a federal court concludes...
When a federal court concludes that it lacks subject-matter jurisdiction, and then states "the court must dismiss the complaint in
its entirety." Do they mean, remand it to state court if it has been removed, dismiss it with prejudice or dismiss it without prejudice? If it is dismissed without prejudice is it usually with leave to amend or does it have to be re-filed?
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Answered in 3 minutes by:
11/24/2017
Legal Expert Justin
Category: Legal
Satisfied Customers: 236
Experience: Attorney
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Hello! My name is ***** ***** I'll be the Expert assisting you today. Was this case originally filed in State court, then removed to Federal court? Or was it initially filed in Federal court?

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Customer reply replied 6 months ago
I filed it in state court and the defendant removed it to fed. court

Good morning. It looks like you opted out of this question, but then opted back in? Would you still like me to assist you?

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Customer reply replied 6 months ago
I sent my reply and didn't get an answer for over a day so I opted out. If you are able to assist me with this, then we can continue

I would be happy to continue to assist you. Do you have the federal case number?

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Customer reply replied 6 months ago
16 cv 02144 in Colorado

I've looked at the case and I don't see where the court has concluded that the case should be dismissed. It looks like the court is considering whether or not to remand back to state court (which is why both sides responded to its order to show cause, but nothing has been decided yet). Is there a specific order where the court has stated they, "must dismiss the complaint in its entirety"?

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Customer reply replied 6 months ago
I appreciate you looking at the case. Not being completely familiar with the terminology, when references to Rooker-Feldman were made, they would say that the federal court would dismiss the case. So by dismiss in those circumstances, do they just mean remand?

Defendant's position does seem odd. They are right in that your request to have the state court judgment invalidated should be remanded back to the lower court. But Defendant still wants the federal court to determine if you are owed any damages.

I don't see how the federal court could do this without deciding the issue of wrongful foreclosure, since if the foreclosure was not wrongful, there obviously would be no damages. I suspect the federal judge will remand everything back to state court and not make a ruling regarding damages. However, even if that happens, it seems you will have a difficult time proving that the original foreclosure judgment was entered in error. Generally, once a judgment is entered it is very difficult to obtain relief from that judgment (but it should definitely be resolved in state, not federal, court).

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Customer reply replied 6 months ago
attempted to send a rating but wouldn't take. Don't know what's wrong

Sorry, you should be able to rate me now. I hope I’ve provided the information you were seeking. If you are happy with my service, your 3, 4, or 5 star rating at this time is most welcome. If you need more help, please let me know so I can continue to assist you.

Legal Expert Justin
Category: Legal
Satisfied Customers: 236
Experience: Attorney
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