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Finger v. Bank of America, N.A.

United States District Court, C.D. California

February 24, 2014

Reid W. Finger
v.
Bank of America N.A., et al.

CIVIL MINUTES - GENERAL

PHILIP S. GUTIERREZ, District Judge.

Proceedings: (In Chambers) Order to Show Cause re: Dismissal for Lack of Subject Matter Jurisdiction

This action was filed in this Court on January 24, 2014. However, it appears the Court may lack subject matter jurisdiction for the reason(s) opposite the box(es) checked:

[] Jurisdiction is asserted on the basis of federal question jurisdiction pursuant to 28 U.S.C. § 1331, but it does not appear that any of the claims "arise under" federal law.
[] Jurisdiction is asserted on the basis of diversity jurisdiction pursuant to 28 U.S.C. § 1332(a), but all plaintiffs are not diverse from all defendants. See Caterpillar Inc. v. Lewis, 519 U.S. 61, 67-68 (1996).
[x] Jurisdiction is asserted on the basis of diversity jurisdiction pursuant to 28 U.S.C. § 1332(a), but the complaint fails to allege the citizenship of some or all of the:
[x] plaintiff: it is not clear whether Plaintiff is a citizen of California.
[x] defendants: BAC Home Loans Servicing LP; Recontrust Company; and Safeguard Properties, LLC.
[] Jurisdiction is asserted on the basis of diversity jurisdiction pursuant to 28 U.S.C. § 1332(a), but the complaint sets forth the residence, rather than the citizenship, of some or all of the parties. Diversity is based on citizenship.
[] Jurisdiction is asserted on the basis of diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). A partnership, limited liability company, or other unincorporated association is named as a party. The Court must consider the citizenship of each of the partners, including limited partners, or members. The citizenship of each of the entity's partners or members must therefore be alleged. See Carden v. Arkoma Assocs. , 494 U.S. 185, 195-96 (1990); United Steelworkers v. R.H. Bouligny, Inc. , 382 U.S. 145 (1965); Johnson v. Columbia Props. Anchorage, LP , 437 F.3d 894, 899 (9th Cir. 2006); Rockwell Int'l Credit Corp. v. U.S. Aircraft Ins. Grp. , 823 F.2d 302, 304 (9th Cir. 1987). The complaint does not set forth the citizenship of each of the entity's partners or members.
[x] Jurisdiction is asserted on the basis of diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). A corporation is named as a party. The complaint is deficient because:
[x] the complaint does not set forth the corporation's state(s) of incorporation and its principal place of business. 28 U.S.C. § 1332(c).
[] the complaint does not set forth adequate facts to support the assertion that the alleged principal place of business is the corporate party's principal place of business. For diversity purposes, a corporation's principal place of business is "the place where the corporation's high level officers direct, control, and coordinate the corporation's activities." Hertz Corp. v. Friend , 559 U.S. 77, 80-81 (2010).
[] Jurisdiction is asserted on the basis of diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). A national bank is named as a party. ...

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