PHH Mortgage Corporation v. Erick Silva a/k/a Erick A. Silva, "John Doe #1" through "John Doe #12"

Summary

The United States District Court for the Eastern District of New York directs PHH Mortgage Corporation to show cause why its foreclosure action should not be dismissed without prejudice for lack of subject matter jurisdiction. The order concludes that the complaint adequately alleges the amount in controversy and the plaintiff's citizenship but fails to adequately establish the citizenship or domicile of the individual and fictitious defendants for purposes of complete diversity.

Holdings

1. A federal district court has an independent obligation to determine whether subject matter jurisdiction exists and may raise a jurisdictional defect sua sponte at any time.
2. The complaint did not adequately establish complete diversity because it pleaded the citizenship of the defendants upon information and belief, alleged Silva's citizenship based only on residence rather than domicile, and provided no citizenship allegations for the fictitious defendants.
3. The complaint adequately alleged an amount in controversy exceeding $75,000 by alleging that defendants owed $271,025.37 under the note and mortgage.

Questions Presented

1. Whether the complaint adequately established complete diversity of citizenship under 28 U.S.C. § 1332(a).
2. Whether allegations based solely on a defendant's residence establish that individual's citizenship for diversity-jurisdiction purposes.
3. Whether allegations made upon information and belief adequately establish the citizenship of defendants, including fictitious defendants.
4. Whether the complaint plausibly established the amount-in-controversy requirement.

Disposition

other