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Francis Alhino, et al. v. Americas Wholesale Lender

December 6, 2011

FRANCIS ALHINO, ET AL.
v.
AMERICAS WHOLESALE LENDER, ET AL.



The opinion of the court was delivered by: Honorable John F. Walter, United States District Judge

JS-6

CIVIL MINUTES -- GENERAL

Shannon Reilly

Courtroom Deputy

ATTORNEYS PRESENT FOR PLAINTIFFS:

None

None Present

Court Reporter

ATTORNEYS PRESENT FOR DEFENDANTS:

None

PROCEEDINGS (IN CHAMBERS): ORDER DISMISSING ACTION FOR LACK OF

SUBJECT MATTER JURISDICTION

On November 18, 2011, Plaintiffs filed a Complaint in this Court against Defendants, alleging that the Court had subject matter jurisdiction over the action pursuant to 28 U.S.C. § 1332.

Plaintiffs have not adequately alleged the facts essential for the subject matter jurisdiction of Tosco Corp. v. Communities for a Better Environment, 236 F.3d 495, 499 (9th Cir. 2001) (quoting Smith v. McCullough, 270 U.S. 456, 459 (1926)) ("'A plaintiff suing in a federal court must show in his pleading, affirmatively and distinctly, the existence of whatever is essential to federal jurisdiction . . . .'"). Diversity jurisdiction founded under 28 U.S.C. ยง 1332(a) requires that (1) all ...


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