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Frank Dufour v. Robert Allen

October 31, 2011

FRANK DUFOUR
v.
ROBERT ALLEN, ET AL.



The opinion of the court was delivered by: The Honorable Christina A. Snyder, U.S. District Judge

CIVIL MINUTES - GENERAL

Title

Present: The Honorable CHRISTINA A. SNYDER, U.S. DISTRICT JUDGE

RITA SANCHEZ N/A N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

N/A N/A

Proceedings: (In Chambers:) ORDER TO SHOW CAUSE RE: WHY ACTION SHOULD NOT BE REMANDED FOR LACK OF SUBJECT MATTER JURISDICTION

INTRODUCTION

On September 28, 2011, plaintiff Frank Dufour filed a complaint in this Court against Robert Allen ("Allen"); Enlightened Wealth Institute L.C. ("EWI"); Prosper, Inc. ("Prosper"); Green Planet f/k/a Freedom Mortgage ("Green Planet"); PNC BANK f/k/a National City ("PNC"); Opteum ("Opteum"); Midland Mortgage Company ("Midland"); Aurora Loan Services ("Aurora"); Sherson Lehman ("Sherson"); Charlie Payne ("Payne"); Trent Staggs ("Staggs") and DOES 1--10 (collectively, "defendants") for fraud and misrepresentation; negligence; breach of contract; recession with constructive trust; and declaratory relief. Plaintiff contends this Court has jurisdiction over the instant action based on diversity pursuant to 28 U.S.C. § 1332.

DISCUSSION

Jurisdiction founded on diversity requires that parties be in complete diversity and the amount in controversy exceed $75,000. Matheson v. Progressive Specialty Ins. Co., 319 F.3d 1089, 1090 (9th Cir. 2003); see 28 U.S.C. § 1332(a)(1) ("[T]he district courts shall have original jurisdiction of all civil actions where the matter of controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between . . . citizens of different States . . ."). Federal courts have jurisdiction only where there is complete diversity: the plaintiff's citizenship must be diverse from that of each named defendant. 28 U.S.C. §§ 1332(a), 1332(c)(1).

UNITED STATES DISTRICT COURT CENTRAL DISTRICT ...


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