Perez et al v. Wells Fargo Bank, N.A. et al

Filing 81

ORDER FOR SUPPLEMENTAL DECLARATIONS. Signed by Judge Joseph C. Spero on February 19, 2013. (jcslc3, COURT STAFF) (Filed on 2/19/2013)

1
2
3

IN THE UNITED STATES DISTRICT COURT

4

FOR THE NORTHERN DISTRICT OF CALIFORNIA

5
6
7

8

EUGENE PEREZ, et al.,
Plaintiffs,

9

Case No.: C-11-02279 JCS
ORDER FOR SUPPLEMENTAL
DECLARATIONS

v.

10

Northern District of California

United States District Court

11
12

WELLS FARGO BANK, N.A., et al.,
Defendants.

13

Plaintiffs have filed a motion to remand the proceedings to California state court. A hearing

14
15

was held on February 15, 2013. At the hearing, the Court requested a declaration from counsel for

16

Defendant First American Trustee Servicing Solutions LLC f/k/a First American Loanstar Trustee

17

Services LLC (“Loanstar”) to support counsel’s statement that Loanstar is a citizen of Texas. Counsel

18

for Loanstar submitted a declaration stating that Loanstar is a “Texas Limited Liability Company”

19

(“LLC”) and attached a Certificate of Amendment filed with the Texas Secretary of State, dated May

20

13, 2010, reflecting Loanstar’s name change. Declaration of Glenn H. Wechsler Regarding

21

Citizenship of Loanstar, 1-2, Ex. A. But LLC’s are “citizen[s] of every state in which [their]

22

owners/members are citizens.” Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th

23

Cir. 2006).

24

//

25

//

26

//

27

//

28

//

To determine Loanstar’s citizenship and assess whether this case falls within the Court’s

1
2

diversity jurisdiction, the parties shall submit supplemental declarations, within ten days, identifying

3

the owners/members of Loanstar and their respective citizenship.1
IT IS SO ORDERED.

4
5

Dated: February 19, 2013

6
7

8

_________________________________

9

JOSEPH C. SPERO
United States Magistrate Judge

10

Northern District of California

United States District Court

11
12
13
14
15
16
17
18
19
20
21
22

23
24
25
26
27
28

1

Plaintiffs’ counsel submitted such a declaration in conjunction with Plaintiffs’ Reply to Wells Fargo’s Opposition to
Motion to Remand. However, that declaration was unsigned.

2