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Eugene Perez, et al v. Wells Fargo Bank

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


February 19, 2013

EUGENE PEREZ, ET AL., PLAINTIFFS,
v.
WELLS FARGO BANK, N.A., ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Joseph C. Spero United States Magistrate Judge

ORDER FOR SUPPLEMENTAL DECLARATIONS

Plaintiffs have filed a motion to remand the proceedings to California state court. A hearing was held on February 15, 2013. At the hearing, the Court requested a declaration from counsel for Defendant First American Trustee Servicing Solutions LLC f/k/a First American Loanstar Trustee Services LLC ("Loanstar") to support counsel's statement that Loanstar is a citizen of Texas. Counsel 18 for Loanstar submitted a declaration stating that Loanstar is a "Texas Limited Liability Company"

("LLC") and attached a Certificate of Amendment filed with the Texas Secretary of State, dated May 13, 2010, reflecting Loanstar's name change. Declaration of Glenn H. Wechsler Regarding

Citizenship of Loanstar, 1-2, Ex. A. But LLC's are "citizen[s] of every state in which [their] 22 owners/members are citizens." Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th 23 Cir. 2006).

To determine Loanstar's citizenship and assess whether this case falls within the Court's diversity jurisdiction, the parties shall submit supplemental declarations, within ten days, identifying the owners/members of Loanstar and their respective citizenship.*fn1

IT IS SO ORDERED.

United States District Court Northern District of California


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