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Title Helen T. Aquino, et al. v. Wells Fargo Home Mortgage Inc.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


January 19, 2012

TITLE HELEN T. AQUINO, ET AL.
v.
WELLS FARGO HOME MORTGAGE INC., ET AL.

The opinion of the court was delivered by: The Honorable Dolly M. Gee, United States District Judge

CIVIL MINUTES-GENERAL

Present: The Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

VALENCIA VALLERY NOT REPORTED

Deputy Clerk Court Reporter

Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s)

None Present None Present

Proceedings: IN CHAMBERS-ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE REMANDED TO LOS ANGELES COUNTY SUPERIOR COURT

On January 28, 2011, Defendant Wells Fargo Bank, N.A. ("Wells Fargo") removed this action from state court on the basis of diversity jurisdiction. Relying on Wachovia Bank v. Schmidt, 546 U.S. 303, 126 S.Ct. 941, 163 L.Ed.2d 797 (2006), Wells Fargo asserts that, as a national banking association, it is solely a citizen of the state in which its main headquarters are located. (Notice of Removal at 3; Doc. # 1.) Thus, Wells Fargo maintains that it is solely a citizen of South Dakota because its articles of association designate its headquarters in Sioux Falls, South Dakota. (Id.) Schmidt, however, expressly declined to hold that a national banking association's citizenship is limited to the state in which its main office is located as set forth in its articles of association. 546 U.S. at 315 n.8.

On January 13, 2012, this Court issued a decision in Rouse v. Wells Fargo Bank, N.A., Case No. CV 11-928-DMG (DTBx) [Doc. # 43], in which it found that because Wells Fargo's principal place of business is in California, it is a citizen of the state of California. The Court thereupon remanded the case to state court.

Therefore, Wells Fargo is ORDERED TO SHOW CAUSE why this action should not be remanded for lack of diversity jurisdiction pursuant to the Court's reasoning in Rouse, supra. Wells Fargo shall file its response on or before February 3, 2012. All deadlines are stayed pending resolution of the jurisdictional issue.

IT IS SO ORDERED.

20120119

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