Wier et al v. Chase Bank National Association et al

Filing 23

ORDER Dismissing Defendant Quality Loan Service Corporation. Signed by Judge Nandor J. Vadas on 3/3/2017. (njvlc2, COURT STAFF) (Filed on 3/3/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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BRANDI WIER, et al.,

Case No. 16-cv-05367-NJV

Plaintiffs,
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v.
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United States District Court
Northern District of California

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CHASE BANK NATIONAL
ASSOCIATION, et al.,

ORDER DISMISSING DEFENDANT
QUALITY LOAN SERVICE
CORPORATION

Defendants.

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Defendant JPMorgan Chase Bank, N.A.(“Chase”), erroneously sued as Chase Bank

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National Associations, removed this action from Superior Court of California, County of Del

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Norte under 28 U.S.C. § 1332(a), asserting complete diversity of the parties. See Notice of

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Removal (Doc. 1) at 2. In asserting complete diversity of the parties, Chase acknowledged that

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Defendant Quality Loan Service Corporation (“Quality”) is, along with Plaintiffs, a citizen of the

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state of California, but that Quality is a nominal defendant that was fraudulently joined and that

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the Complaint states no cause of action against Quality. Id. at 3-6.

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Plaintiffs have not timely moved for remand. See 28 U.S.C. § 1447(c). Thus, the court

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finds that Plaintiffs have conceded that Quality was fraudulently joined and that the Complaint

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states no cause of action against Quality.

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“[T]he district court ha[s] a duty to establish subject matter jurisdiction over [a] removed

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action sua sponte, whether the parties raise[] the issue or not.” United Inv’rs Life Ins. Co. v.

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Waddell & Reed Inc., 360 F.3d 960, 967 (9th Cir. 2004). In light of Plaintiffs’ concessions, by not

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challenging removal, the court finds that Quality was fraudulently joined and that the court has

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subject matter jurisdiction over this case.

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Accordingly, Defendant Quality Loan Service Corporation is hereby DISMISSED from
this action without prejudice.
IT IS SO ORDERED.
Dated: March 3, 2017
______________________________________
NANDOR J. VADAS
United States Magistrate Judge

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United States District Court
Northern District of California

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