Hendricks v. Suntrust Mortgage Inc., et al

Filing 21

ORDER signed by Judge Garland E. Burrell, Jr. on 11/9/2011. This case is REMANDED to Superior Court of County of San Joaquin for lack of subject matter jurisdiction. (cc: San Joaquin County Superior Court) (Marciel, M)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 JOHN HENDRICKS, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, 9 v. 10 14 SUNTRUST MORTGAGE, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; LITTON LOAN SERVICING L.P.; GREEN TREE SERVICING LLC; NORTHWEST TRUSTEE SERVICES, INC; and DOES 1 TO 100, inclusive, 15 Defendants. ________________________________ 11 12 13 2:11-cv-02544-GEB-GGH ORDER* 16 17 Pending are motions for dismissal of Plaintiff’s Complaint. 18 These motions will not be decided in this court since this case was 19 removed 20 (“Suntrust”) on the basis of diversity removal jurisdiction which has 21 not been shown to exist. (ECF No. 1.) from state court by Defendant Suntrust Mortgage, Inc. 22 “There is a strong presumption against removal jurisdiction, 23 and the removing party has the burden of establishing that removal is 24 proper.” Lindley Contours, LLC v. AABB Fitness Holdings, Inc., 2011 WL 25 398861, 26 omitted). “For purposes of . . . diversity jurisdiction, a corporation at *1 (9th Cir. Feb. 8, 2011) (internal quotation marks 27 28 * argument. This matter is deemed suitable for decision without oral E.D. Cal. R. 230(g). 1 1 is . . . a citizen both of the state (or states) in which it is 2 incorporated and the state in which it has its principal place of 3 business.” Casio, Inc. v. S.M. & R. Co., Inc., 755 F.2d 528, 529 (7th 4 Cir. 1985) (citing 28 U.S.C. § 1332(c)). “Hence . . ., the [removant] 5 must allege both the state of incorporation and the state of the 6 principal place of business for each corporation.” Id. at 529-30. Here, 7 Suntrust 8 incorporation for Defendant Northwest Trustee Services, Inc. has not alleged in the notice of removal the state of 9 Further, Suntrust has not sufficiently alleged the citizenship 10 of all owners/members of Defendant Green Tree Servicing, LLC. “For 11 purposes 12 corporation 13 owners/members are citizens. . . . [T]he citizenship of all members of 14 limited liability corporations . . . [must] be alleged.” Lindley, 2011 15 WL 398861, at *1. of diversity is a jurisdiction, citizen of all . of . the . a limited states of liability which its 16 Since the removant has failed to show diversity of citizenship 17 removal jurisdiction, this case is remanded to the Superior Court of the 18 County of San Joaquin as required by 28 U.S.C. § 1447(c) for lack of 19 subject matter jurisdiction under 28 U.S.C. § 1332(a)(1). 20 Dated: November 9, 2011 21 22 23 GARLAND E. BURRELL, JR. United States District Judge 24 25 26 27 28 2

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