Edmund Smith v. US Bank National Association et al

Filing 5

ORDER TO SHOW CAUSE by Judge Gary A. Feess. Plaintiff is ORDERED TO SHOW CAUSE no later than 5:00 p.m. on Monday, February 4, 2013, as to why the Court should not dismiss this action for lack of subject matter jurisdiction. Failure to respond by this deadline will be deemed consent to dismissal. IT IS SO ORDERED. (rfi)

LINK: 1
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 12-10899 GAF (SHx)

Date

Title

January 10, 2013

Edmund Smith v. US Bank National Association et al

Present: The Honorable
GARY ALLEN FEESS
Renee Fisher
Deputy Clerk

None
Court Reporter / Recorder

N/A
Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None

None

Proceedings:

(In Chambers)

ORDER TO SHOW CAUSE RE: DIVERSITY JURISDICTION
On December 21, 2012, Plaintiff Edmund Smith, pro se, brought suit in this Court against
Defendants U.S. Bank N.A. (“U.S. Bank”), Litton Loan Servicing LLC (“Litton”), Ocwen
Financial Corporation (“Ocwen”), and Ocwen Loan Servicing, LLC (“Ocwen LLC”)
(collectively “Defendants”). (Docket No. 1, [Compl.].) Plaintiff asserts numerous state law
claims against Defendants, invoking this Court’s subject matter jurisdiction under 28 U.S.C.
§ 1332 (diversity jurisdiction). (See id. ¶ 1.) However, the Court cannot presently conclude that
jurisdiction exists on the basis of diversity of citizenship. Accordingly, Plaintiff is ORDERED
to show cause why the Court should not dismiss this action for lack of subject matter
jurisdiction. The Court notes that it is in receipt of Plaintiff’s request for notice of lis pendens.
(Docket No. 3.) However, the Court must defer on Plaintiff’s request until the Court can
conclude that jurisdiction exists on the basis of diversity of citizenship.
Federal courts have jurisdiction on the basis of diversity of citizenship if the amount in
controversy exceeds $75,000 and if the matter is between citizens of different states. 28 U.S.C.
§ 1332(a). “Diversity jurisdiction under 28 U.S.C. § 1332 requires complete diversity, i.e. every
plaintiff must be diverse from every defendant.” Osborn v. Metropolitan Life Ins. Co., 341 F.
Supp. 2d 1123, 1126 (E.D. Cal. 2004). A national banking association is deemed to be “located”
for the purposes of citizenship in the state in which its main office, as set forth in its articles of
incorporation, is located. Wachovia Bank, N.A. v. Schmidt, 546 U.S. 303, 307 (2006). A
corporation is a “citizen of any State by which it has been incorporated and of the State where it
has its principal place of business.” 28 U.S.C. § 1332(c)(1) (emphasis added). “[A]n LLC is a
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 3

LINK: 1
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 12-10899 GAF (SHx)

Date

Title

January 10, 2013

Edmund Smith v. US Bank National Association et al

citizen of every state of which its owners/members are citizens.” Johnson v. Columbia Props.
Anchorage, LP , 437 F.3d 894, 899 (9th Cir. 2006). A “natural person’s state citizenship is []
determined by her state of domicile, not her state of residence.” Kanter v. Warner-Lambert Co.,
265 F.3d 853, 857 (9th Cir. 2001).
Regarding Plaintiff’s citizenship, Plaintiff states that he “resides and owns subject
property” in Compton, California. (Compl. ¶ 3.) However, under the legal standard noted
above, Plaintiff must allege the state in which he is domiciled. “A person’s domicile is her
permanent home, where she resides with the intention to remain or to which she intends to
return.” Kanter, 265 F.3d at 857. Regarding U.S. Bank’s citizenship, Plaintiff states that U.S.
Bank is located in West Palm Beach, California. (Compl. ¶ 4.) Plaintiff provided the zip code
for West Palm Beach, Florida, which is what Plaintiff presumably meant. In any event, U.S.
Bank is alleged to be a national banking association. Plaintiff must allege the state of U.S.
Bank’s main office, which is set forth in U.S. Bank’s articles of incorporation. From the face of
Plaintiff’s current allegation, it is unclear whether Plaintiff intended to plead main office.
Regarding Litton’s citizenship, Plaintiff provides only the address. (Compl. ¶ 5.) However,
Litton is alleged to be an LLC, which is a limited liability company. As stated above, an LLC is
a citizen of every state in which its owners/members are citizens. Regarding Ocwen’s
citizenship, Plaintiff provides a “[p]rincipal address” and an “[o]ther address.” (Id. ¶ 6.)
Plaintiff also provides the name and address of two of Ocwen’s directors, and the name and
address of Ocwen’s registered agent for service of process. (Id. ¶¶ 7-9.) However Ocwen is
alleged to be a corporation. Plaintiff must provide both the state in which Ocwen is incorporated
and the state where it has its principal place of business. Regarding Ocwen LLC’s citizenship,
Plaintiff provides Ocwen LLC’s address and a number of P.O. Boxes. (Compl. ¶ 10.) However,
Ocwen LLC is alleged to be an LLC. As noted previously, for an LLC, Plaintiff must provide
the state of which each of Ocwen LLC’s owners/members are citizens.
In order to assist Plaintiff, a pro se, in responding to this order to show cause, the Court
provides here the information for the Federal Pro Se Clinic. The Federal Pro Se Clinic is Los
Angeles is located in:
The United States Courthouse
312 N. Spring Street, Room 525, 5th Floor
Los Angeles, CA 90012
and can be reached at 213-385-2977, Ext. 270. Plaintiff is urged to check the website or call for
available hours.
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 2 of 3

LINK: 1
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 12-10899 GAF (SHx)

Date

Title

January 10, 2013

Edmund Smith v. US Bank National Association et al

Accordingly, Plaintiff is ORDERED TO SHOW CAUSE no later than 5:00 p.m. on
Monday, February 4, 2013, as to why the Court should not dismiss this action for lack of
subject matter jurisdiction. Failure to respond by this deadline will be deemed consent to
dismissal.

IT IS SO ORDERED.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 3 of 3