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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND LANDMARK FUNDING, LLC : Plaintiff : v : VAN A. PERRAULT : Defendant : and : LIBERTY SURPLUS INSURANCE CORP. : Defendant : o0o MEMORANDUM Civil Case No. L-10-1638

I.

BACKGROUND This is a commercial case. Plaintiff, Landmark Funding LLC ("Landmark"), is in the

business of originating and selling mortgage loans. Defendant Van A. Perrault is a real estate appraiser. Defendant Liberty Surplus Insurance Corporation ("LSI") is an insurance company. Landmark alleges that Perrault negligently appraised certain property, causing Landmark to incur significant economic damages. Landmark further contends that when it filed a claim with LSI regarding the losses caused by Perrault's negligence, LSI improperly denied the claim. On April 21, 2010, Landmark filed suit in the Circuit Court for Baltimore City. Landmark's Complaint asserts a negligence claim against Perrault and requests a declaratory judgment that the claim is covered under Perrault's policy with LSI. On June 18, 2010, LSI removed the action to this Court, and on July 1, 2010, Landmark filed the Motion to Remand

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now pending. Docket No. 13. The Court has carefully reviewed the papers and no hearing is deemed necessary. See Local Rule 105.6 (D. Md. 2010). For the reasons stated herein, the Court will, by separate Order, GRANT the Motion and REMAND the case to the Circuit Court for Baltimore City.

II.

LEGAL STANDARD "If at any time before final judgment it appears that the district court lacks subject matter

jurisdiction, the case shall be remanded." 28 U.S.C.

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