Rhodes et al v. Crosscountry Mortgage, LLC et al ** DO NOT DOCKET. CASE REMANDED to the 133rd Judicial District Court of Harris County, Texas **

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
TONYA RHODES AND JAYLA
RHODES,
Plaintiffs,
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v. 	CIVIL ACTION NO. 4:26-cv-2236
CROSSCOUNTRY MORTGAGE
LLC, NATIONSTAR MORTGAGE
LLC, AND REIARI LLC,
Defendants.
MEMORANDUM AND RECOMMENDATION
Pending before the Court1 is Plaintiffs’ Motion to Remand, and Amended
Motion to Remand. (ECF Nos. 13–14). Defendants also have filed a Motion to
Dismiss. 	(ECF No. 7). In the Amended Motion to Remand, Plaintiffs request
that this case be remanded to state court because on April 9, 2026, they filed
an Amended Complaint asserting only state claims without a basis for federal
question jurisdiction. 	(ECF Nos. 12, 14). 	Additionally, there is no basis for
diversity jurisdiction. (ECF No. 12).
On 	April 	22, 	2026, 	the 	Court 	held 	an 	initial 	conference, 	where
Defendants represented they were unopposed to remand in light of Plaintiffs’
1 This case was referred to the Undersigned for all purposes pursuant to 28 U.S.C.
§ 636(b)(1)(A) and (B) and Federal Rule of Civil Procedure 72. (ECF No. 9).
United States District Court
Southern District of Texas
ENTERED
April 22, 2026
Nathan Ochsner, Clerk
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Amended Complaint removing any basis for federal subject matter jurisdiction.
Further, according to the parties’ joint discovery case management plan,
“Defendants do not oppose the jurisdictional arguments contained in the
Motion to Remand.” (ECF No. 15 at 2).
Based on the foregoing, the Court RECOMMENDS Plaintiffs’ Amended
Motion to Remand (ECF No. 14) be GRANTED. The Court
FURTHER RECOMMENDS Plaintiffs’ Motion to Remand (ECF No. 13)
and Defendants’ Motion to Dismiss (ECF No. 7) be DENIED AS MOOT.
The Clerk shall send copies of this Memorandum and Recommendation
to the respective parties who have fourteen days from the receipt thereof to file
written objections thereto pursuant to Federal Rule of Civil Procedure 72(b)
and General Order 2002-13. Failure to file written objections within the time
period mentioned shall bar an aggrieved party from attacking the factual
findings and legal conclusions on appeal.
SIGNED in Houston, Texas on April 22, 2026.
______________________________
Richard W. Bennett
United States Magistrate Judge
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