Thompson v. Deutsche Bank Nat'l Trust Co., No. 14-10084 (5th Cir. 2014)
Annotate this CasePlaintiffs filed suit in Texas state court against Deutsche Bank, challenging the adequacy of a loan that they obtained. The state court granted plaintiffs a default judgment even though Deutsche was never properly served. Deutsche removed the case after learning of the suit and moved to set aside the state court default judgment, and then moved for dismissal under Rule 12(b)(6). Plaintiffs moved for remand to state court and the district court dismissed plaintiffs' claims as barred by the statute of limitations. The court held that Deutsche could remove this case to federal court and the district court committed no error in denying plaintiffs' motion to remand; the district court properly vacated the default judgment in favor of Deutsche and properly granted Deutsche's motion to dismiss plaintiffs' petition under Rule 12(b)(6); and, therefore, the court affirmed the judgment of the district court.
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