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Mary A. Lauenstein, Trustee of the Mary A. Lauenstein Trust v. World Savings Bank

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 27, 2011

MARY A. LAUENSTEIN, TRUSTEE OF THE MARY A. LAUENSTEIN TRUST DATED DECEMBER 21, 1988,
PLAINTIFF,
v.
WORLD SAVINGS BANK, FSB, GOLDEN WEST ASS'N SERV. CO., WELLS FARGO BANK, N.A., NDEX WEST LLC, WELLS FARGO, N.A., DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER REQUIRING SUPPLEMENTAL BRIEFING

Plaintiff's motion to remand this case to California Superior Court, which was filed on August 12, 2011, has been rescheduled for hearing on October 24, 2011 commencing at 9:00 a.m. Further briefing is required in light of Plaintiff's failure to address the statute applicable to determining the citizenship of a national bank.

Plaintiff argues in the remand motion that Defendant Wells Fargo's Form 10-k SEC filings reveal that it maintains its corporate headquarters in San Francisco, California and under 28 U.S.C. § 1332(c), complete diversity is lacking because Wells Fargo's principal place of business is located in California. (Mot. 9:1-10:2., ECF No. 5.)

Defendants Wells Fargo and Golden West jointly filed an opposition to Plaintiff's motion in which they argue citizenship of national banks is determined by 28 U.S.C. § 1348 and under this statute Defendant Wells Fargo is only a citizen of the state where it maintains its main office as designated by its articles of association, which is South Dakota. (Opp'n 2:15-5:19, ECF No. 19.) Plaintiff failed to file a reply brief.

Section 1348 prescribes in pertinent part: "All national banking associations shall, for the purposes of all other actions by or against them, be deemed citizens of the States in which they are respectively located." Since a determination of the meaning of the word "located" in § 1348 concerns whether jurisdiction exists in this case, additional briefing on this issue is ordered; the briefing shall include applicable legislative and/or statutory history.

Therefore, no later than October 11, 2011, each party shall file a brief addressing this issue. Any response brief shall be filed no later than October 18, 2011.

20110927

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