Khan v. U.S. Bank National Association et al

Filing 22

ORDER to SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 6/17/2014. Plaintiff shall SHOW CAUSE why this action should not be dismissed for lack of subject matter jurisdiction. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KHALID KHAN,

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No. 2:13-cv-2596 KJM CKD PS
Plaintiff,

v.

ORDER TO SHOW CAUSE

U. S. BANK NATIONAL
ASSOCIATION, et al.,
Defendants.

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By order filed June 5, 2014, this matter was reopened and referred to the undersigned for

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further proceedings. This matter is proceeding on the first amended complaint filed on February

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10, 2014. In the amended complaint, plaintiff complains about an allegedly wrongful foreclosure.

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Plaintiff alleges only state law claims. The amended complaint does not allege a basis for subject

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matter jurisdiction in this court. The federal courts are courts of limited jurisdiction. In the

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absence of a basis for federal jurisdiction, plaintiff’s claims cannot proceed in this venue.

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Because plaintiff is proceeding on only state law claims, it appears that the only proper

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basis for jurisdiction would sound in diversity. Named in the amended complaint are three

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defendants. Although it appears from the articles of incorporation filed on June 12, 2014 (ECF

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No. 21) that defendant U.S. Bank National Association may be diverse, there is no evidence

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before the court regarding the citizenship of the remaining defendants and the amended complaint
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is devoid of allegations regarding the citizenship of any of the defendants. In order to properly

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invoke subject matter jurisdiction under 28 U.S.C. § 1332, the citizenship of all defendants must

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be diverse from the citizenship of plaintiff and the matter in controversy must exceed the sum or

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value of $75,000. Plaintiff pleads neither requirement. Because there is no basis for federal

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subject matter jurisdiction evident in the amended complaint, plaintiff will be ordered to show

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cause why this action should not be dismissed. Failure to allege a proper basis for subject matter

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jurisdiction will result in a recommendation that the action be dismissed.

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Accordingly, IT IS HEREBY ORDERED that no later than July 2, 2014, plaintiff shall
show cause why this action should not be dismissed for lack of subject matter jurisdiction.
Dated: June 17, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 khan-usbank2596.2.osc.nosmj

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