Summary
The United States District Court for the Eastern District of California issued an order to show cause regarding subject matter jurisdiction in a removed mortgage-related action. The court concluded that Ally Bank had not established complete diversity because the citizenship of the members of Finance of America Mortgage LLC was not identified. Ally Bank was ordered to provide competent proof of diversity jurisdiction within fourteen days, after which the plaintiff could respond.
Holdings
- Ally Bank failed to meet its burden of establishing complete diversity because the removal papers did not identify the members or owners of Finance of America Mortgage LLC or their citizenship.
- The district court may examine subject matter jurisdiction sua sponte and may require a party asserting federal jurisdiction to establish its jurisdictional allegations by competent proof.
Questions Presented
- Whether Ally Bank established complete diversity of citizenship for purposes of removal under 28 U.S.C. § 1332.
- Whether the citizenship allegations concerning Finance of America Mortgage LLC were sufficient to establish federal subject matter jurisdiction.
- Whether the court should require Ally Bank to show cause why the action should not be remanded to state court.
Disposition
other
Cases Cited (20)
- Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 377 (1994)(followed)
- Abrego Abrego v. The Dow Chem. Co., 443 F.3d 676, 684 (9th Cir. 2006)(followed)
- Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992)(followed)
- Syngenta Crop Prot. v. Henson, 537 U.S. 28, 32 (2002)(followed)
- O'Halloran v. Univ. of Wash., 856 F.2d 1375, 1380 (9th Cir. 1988)(followed)
- Nishimoto v. Federman-Bachrach & Assoc., 903 F.2d 709, 712 n.3 (9th Cir. 1990)(followed)
- United Investors Life Ins. Co. v. Waddell & Reed Inc., 360 F.3d 960, 966 (9th Cir. 2004)(followed)
- Demery v. Kupperman, 735 F.2d 1139, 1149 n.8 (9th Cir. 1984)(followed)
- Grupo Dataflux v. Atlas Global Grp., L.P., 541 U.S. 567, 593 (2004)(followed)
- Caterpillar Inc. v. Lewis, 519 U.S. 61, 68 (1996)(followed)
Showing top 10 of 20.
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…