Hornsby v. Litton Loan Servicing et al

Filing 31

ORDER DISMISSING ACTION FOR LACK OF PROSECUTION. Signed by Judge JEFFREY S. WHITE on 11/4/11. (jjoS, COURT STAFF) (Filed on 11/4/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ANNETTE HORNSBY,
Plaintiff,

ORDER DISMISSING ACTION FOR
LACK OF JURISDICTION

v.

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For the Northern District of California

United States District Court

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No. C 10-04928 JSW

LITTON LOAN SERVICING, ET AL.,
Defendants.

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On June 24, 2011, the Court issued an Order to show cause (“OSC”) why this matter should

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not be dismissed for lack of jurisdiction in light of the fact that Plaintiff sued non-diverse defendants

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and her only federal claim appeared to be time barred. The Court provided Plaintiff an opportunity

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to address what facts, if any, she could allege that would support the tolling of the statute of

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limitations on her federal claim. In her response to the OSC, Plaintiff states that upon further

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investigation, she discovered that three of the defendants actually have their principal place of

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businesses outside of California. She thus argues that there is complete diversity between her and

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the defendants. However, in addition to the three defendants Plaintiff addresses in her response to

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the OSC, Plaintiff also names New Century Mortgage Corporation and Merchant Electronic

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Registration Systems, Inc.. She alleges that both of these defendants have principal places of

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business within California. Therefore, there is not complete diversity. Plaintiff does not argue that

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this Court has jurisdiction based on federal question. Accordingly, the Court is dismissing this

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action for lack of jurisdiction. A separate judgment shall issue and the Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: November 4, 2011
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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ANNETTE HORNSBY,

Case Number: CV10-04928 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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LITTON LOAN SERVICING et al,
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Defendant.

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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on November 4, 2011, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter
14 listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an
inter-office delivery receptacle located in the Clerk's office.
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17 Annette Hornsby
2319 Benington Drive
18 Vallejo, CA 94591
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20 Dated: November 4, 2011
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk