The Bank of New York Mellon v. Jerome Octaviano et al

Filing 20

MINUTE ORDER IN CHAMBERS -- ORDER TO SHOW CAUSE by Judge Dolly M. Gee: Defendant is ordered to show cause why this action should not be remanded to Los Angeles County Superior Court for lack of subject matter jurisdiction. Defendant shall file his response by no later than 3/27/2012. All deadlines are stayed pending resolution of the jurisdictional issue. See document for further details. (smom)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No.

Date

CV 12-00712 DMG (AGRx)

Title The Bank of New York Mellon v. Jerome Octaviano, et al.
Present: The Honorable

March 13, 2012
Page

1 of 1

DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

VALENCIA VALLERY
Deputy Clerk

NOT REPORTED
Court Reporter

Attorneys Present for Plaintiff(s)
None Present

Attorneys Present for Defendant(s)
None Present

Proceedings: IN CHAMBERS—ORDER TO SHOW CAUSE WHY THIS ACTION
SHOULD NOT BE REMANDED TO LOS ANGELES COUNTY
SUPERIOR COURT
On January 17, 2012, Plaintiff Bank of New York Mellon filed a complaint in Los
Angeles County Superior Court against Defendant Jerome Octaviano and Does 1 through 10.
Plaintiff seeks possession of real property and restitution for Defendant’s use and occupancy of
the property in the amount of $100 per day starting on January 10, 2012. (Compl. at 3-4.)
Defendant removed the case to this Court on January 26, 2012, asserting subject matter
jurisdiction on the basis of a federal question, 28 U.S.C. § 1331.
The complaint, however, raises no federal question. Federal jurisdiction cannot rest upon
an actual or anticipated defense or counterclaim. Vaden v. Discover Bank, __ U.S. __, 129 S.Ct.
1262, 1272, 173 L.Ed.2d 206 (2009). Nor does the complaint reveal a basis for diversity
jurisdiction. The amount in controversy is well below the $75,000 jurisdictional threshold for
diversity jurisdiction. See 28 U.S.C. § 1332(a). The caption of the underlying state court
complaint clearly states that the amount of damages sought by Plaintiff does not exceed $10,000.
In light of the foregoing, Defendant is ORDERED TO SHOW CAUSE why this action
should not be remanded to Los Angeles County Superior Court for lack of subject matter
jurisdiction. Defendant shall file his response by no later than March 27, 2012. All deadlines
are stayed pending resolution of the jurisdictional issue.
IT IS SO ORDERED.

CV-90

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk vv