Tran et al v. Indymac Federal Bank et al

Filing 34

ORDER signed by Senior Judge Lawrence K. Karlton on 7/13/2010 re 22 ORDERING that The court again grants defendants an opportunity to file briefs explaining why subject matter jurisdiction over the amended complaint is proper in this court. Said briefs may not exceed ten (10) pages, and must be filed, if at all, within fourteen (14) days of the date of this order. If no such brief is filed, the court will dismiss this suit without prejudice for lack of subject matter jurisdiction. (Duong, D)

Tran et al v. Indymac Federal Bank et al

Doc. 34

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiffs in this case bring numerous claims arising out of their home loan and mortgage. Plaintiffs' operative complaint On March 10, 2010, the court Defendants. / v. ORDER INDYMAC FEDERAL BANK; MORTGAGEIT, INC.; NDEX WEST, LLC; MORTGAGE ELECTRONIC SYSTEMS, INC.; GLOBAL EQUITY LENDING; JANYCE PHAM, and Does 1-20, inclusive, Plaintiffs, CONG M. TRAN and PHUONG HUYNH, NO. CIV. S-10-0078 LKK/EFB

alleges no federal causes of action.

ordered the parties to show cause as to why the court retained subject matter jurisdiction over this suit. The Federal Deposit

Insurance Corporation ("FDIC"), as receiver for defendant Indymac Federal Bank, FSB, filed a response stating that because of the 1
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FDIC's

participation

in

the

case,

federal

subject

matter

jurisdiction was proper under 12 U.S.C. § 1819(b)(2)(A). The court agreed, and substituted the FDIC in place of Indymac Federal Bank. See Order filed March 30, 2010 (Dkt. No. 25). Plaintiffs have since voluntarily dismissed their claims against the FDIC. Accordingly, it again appears that there is no

basis for federal question jurisdiction and that the court should decline to exercise supplemental jurisdiction. The court again

grants defendants an opportunity to file briefs explaining why subject matter jurisdiction over the amended complaint is proper in this court. Said briefs may not exceed ten (10) pages, and must be filed, if at all, within fourteen (14) days of the date of this order. If no such brief is filed, the court will dismiss this suit without prejudice for lack of subject matter jurisdiction. R. Civ. P. 41(b). IT IS SO ORDERED. DATED: July 13, 2010. Fed.

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