United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED May 5, 2025 No. 24-50101 ____________ Lyle W. Cayce Clerk PNC Bank, National Association, as limited partner in 2013 Travis Oak Creek, L.P.; Columbia Housing SLP Corporation, as limited partner in 2013 Travis Oak Creek, L.P.,

Plaintiffs—Appellees,

versus 2013 Travis Oak Creek, L.P.,

Plaintiff—Appellant, and 2013 Travis Oak Creek General Partner, L.L.C.; 2013 Travis Oak Developer Incorporated; Chula Investments Limited; Rene O. Campos,

Defendants—Appellants. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 1:24-CV-30 ______________________________ Before Smith, Higginson, and Douglas, Circuit Judges. Dana M. Douglas, Circuit Judge: Case: 24-50101 Document: 68-1 Page: 2 Date Filed: 05/05/2025

No. 24-50101

Disputes arising from alleged breaches of a partnership agreement resulted in a lawsuit that the parties ultimately resolved by settlement. The case was thereafter re-opened so that the parties could file competing motions to enforce the settlement agreement. The district court severed from the original lawsuit the motions to enforce and granted each motion in part, offsetting the balance owed. This appeal followed. Because the parties have failed to establish an independent jurisdictional basis for the severed motions, we REMAND for the limited purpose of determining whether such jurisdiction exists. I. In 2014, PNC Bank, N.A., (“PNC Bank”) and Columbia Housing SLP Corporation (“Columbia”) (collectively, the “PNC Parties”), and Rene O. Campos, as limited partners, along with 2013 Travis Creek GP, LLC, as general partner, entered into an Amended and Restated Agreement of Limited Partnership of 2013 Travis Oak Creek, LP (“Partnership Agreement”). The purpose of the Partnership was to acquire, construct, develop, and operate an affordable housing apartment complex located in Austin, Texas, for which the Partnership anticipated certain federal tax credits would be available. A few years later, a mechanic’s lien was placed on the property and the Partnership defaulted on its construction loan. See PNC Bank, N.A. v. 2013 Travis Oak Creek GP, LLC, No. 1:17-cv-584-RP, 2017 WL 11668763, at *2–3 (W.D. Tex. Aug. 2, 2017). As a result, the PNC Parties sought to remove 2013 Travis Oak Creek GP, LLC from its position as general partner and replace it with Columbia. See id. at *3–4. This dispute led to a 2017 lawsuit by the PNC Parties against 2013 Travis Oak Creek GP, LLC, 2013 Travis Oak Creek Developer, Inc., Chula Investments, Ltd., and Campos (collectively, the “Eureka Parties”), in which the PNC Parties asserted a

2 Case: 24-50101 Document: 68-1 Page: 3 Date Filed: 05/05/2025

No. 24-50101

cause of action for breach of contract and sought injunctive and declaratory relief to ensure that Columbia would be general partner. The PNC Parties filed their lawsuit in the United States District Court for the Western District of Texas, invoking diversity jurisdiction under 28 U.S.C. § 1332. Complaint at 2, PNC Bank, N.A. v