Myvett et al v. Litton Loan Servicing, LP

Filing 9

ORDER TO SHOW CAUSE. Plaintiffs are ordered to show cause, in writing and no later than February 13, 2009, why the instant action should not be dismissed for lack of subject matter jurisdiction and without prejudice to plaintiffs' filing their claims in state court. Signed by Judge Maxine M. Chesney on January 30, 2009. (mmclc2, COURT STAFF) (Filed on 1/30/2009)

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1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On January 8, 2009, the Court ordered plaintiffs to show cause, in writing and no later than January 30, 2009, why the above-titled action should not be dismissed for lack of subject matter jurisdiction, for the reason that plaintiffs' complaint alleged solely state law causes of action and failed to allege either the place of incorporation or the principal place of business of defendant Litton Loan Servicing, L.P. (See Order filed Jan. 8, 2009.) On January 28, 2009, plaintiffs filed an Amended Complaint. Although, in said Amended Complaint, plaintiffs allege defendant's "home office" is located in Houston, Texas (see FAC 2), plaintiffs again have failed to allege defendant's place of incorporation. See 28 U.S.C. 1332(c)(1) (providing "a corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it has its principal place of business"). Accordingly, plaintiffs are hereby ORDERED TO SHOW CAUSE, in writing and no v. LITTON LOAN SERVICING, L.P., Defendant. / DEMAN SALOMON MYVETT, et al., Plaintiffs, No. C-08-5797 MMC ORDER TO SHOW CAUSE United States District Court IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 later than February 13, 2009, why the instant action should not be dismissed for lack of subject matter jurisdiction and without prejudice to plaintiffs' filing their claims in state court. IT IS SO ORDERED. Dated: January 30, 2009 MAXINE M. CHESNEY United States District Judge 2

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