Nicholas P Jordan v. Nationstar Mortgage LLC et al

Filing 7

(IN CHAMBERS) ORDER REQUIRING PLAINTIFF NICHOLAS P. JORDAN TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE REMANDED by Judge Josephine Staton Tucker. Plaintiff is ordered to show cause no later than November 9, 2012, why this case should not be remanded for lack of subject-matter jurisdiction. (rla)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SACV 12-1840-JST (JPRx)
Title: Nicholas P. Jordan v. Nationstar Morgage, LLC, et al.

Date: October 29, 2012

Present: Honorable JOSEPHINE STATON TUCKER, UNITED STATES DISTRICT JUDGE
Dwayne Roberts
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFF:

Not Present

N/A
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANT:

Not Present

PROCEEDINGS: (IN CHAMBERS) ORDER REQUIRING PLAINTIFF
NICHOLAS P. JORDAN TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE REMANDED
Plaintiff Nicholas P. Jordan (“Plaintiff”) removed this action from the Orange County
Superior Court, case number 30-2012-005776466-CU-OR-CJC, on the basis that it is “related to”
a bankruptcy case. (Notice of Removal at 1-2, Doc. 1.) In his Notice of Removal, Plaintiff
contends that Defendants in his case have asserted certain defenses that present federal questions
because they affect the administration of Plaintiff’s bankruptcy estate. Specifically, Plaintiff
contends that Defendants argue that he is estopped from asserting his claims because he failed to
list any claims he has against Defendants in his bankruptcy schedules, and that only the
bankruptcy trustee can bring this case—i.e., Plaintiff lacks standing. It appears that this Court
lacks subject-matter jurisdiction, as these defenses do not present federal questions, nor would
the assertion of such defenses transform the state-court proceeding into a case that is “related to”
a bankruptcy case, such that removal would be proper under 28 U.S.C. § 1452. See, e.g., Cloud
v. Northrop Grumman Corp., 67 Cal. App. 4th 995, 1004-05 (1998) (analyzing whether plaintiff
had standing to bring suit in federal court that was part of the bankruptcy estate under
California’s real-person-in-interest statute). Accordingly, Plaintiff is ordered to show cause no
later than November 9, 2012, why this case should not be remanded for lack of subject-matter
jurisdiction.

Initials of Preparer: _______

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CIVIL MINUTES – GENERAL
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