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