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Ozuna v. Gmac Mortgage LLC

October 20, 2011

OZUNA
v.
GMAC MORTGAGE LLC



The opinion of the court was delivered by: The Honorable James V. Selna

CIVIL MINUTES - GENERAL

Present: The Honorable James V. Selna

Karla J. Tunis Not Present Deputy Clerk Court Reporter Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Not Present Not Present Proceedings: (In Chambers) Order to Show Cause re Jurisdiction

The Court has made a preliminary review of the jurisdictional allegations in the:

Complaint, filed

X Notice of Removal ("Notice") filed October 7, 2011

by GMAC Mortgage LLC ("GMAC") and Executive Trustee Services, LLC ("Executive").

The initial pleading invokes jurisdiction Court on the basis of diversity of citizenship, 28 U.S.C. § 1332. (Notice, ¶ 5.) Jurisdiction on this basis requires complete diversity.

The following parties to the action are alleged to be a limited liability companies ("LLC"):

GMAC Mortgage LLC

Executive Trustee Services, LLC

For purposes of diversity jurisdiction, an LLC takes on the citizenship of each of its members. Johnson v. Columbia Properties Anchorage , LP, 437 F.3d 894, 899 (9th Cir. 2006); Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998); Keith v. Black Diamond Advisors, Inc., 48 F. Supp. 2d 326, 329-30 (S.D. N.Y. 1999). In order ...


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