The Bank of New York Mellon FKA: v. Brewer et al

Filing 19

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE REMANDED TO STATE COURT BASED ON LACK OF FEDERAL JURISDICTION (Illston, Susan) (Filed on 1/10/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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THE BANK OF NEW YORK MELLON FKA,

No. C 11-5373 SI

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ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE REMANDED TO
STATE COURT BASED ON LACK OF
FEDERAL JURISDICTION

Plaintiff,
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v.
DEANNE BREWER, et al.,

United States District Court
For the Northern District of California

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Defendants.

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On November 7, 2011, pro se defendant Deanne Brewer removed this unlawful detainer action

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from state court, asserting diversity jurisdiction as the basis for removal. From the face of the

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complaint, this Court lacks jurisdiction. There are no federal claims in the lawsuit. Where there is no

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federal question jurisdiction, an action is not removable on the basis of diversity of citizenship if the

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defendant is a citizen of the state in which the action was brought. See 28 U.S.C. § 1441(a), (b). Here,

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the Notice of Removal states that both defendants are California residents, and thus removal was

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improper.

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Accordingly, defendants are ORDERED TO SHOW CAUSE in writing no later than 2:00

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pm on January 24, 2012 why this case should not be remanded to the Superior Court for the

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County of Santa Clara.1 If defendants assert that removal was proper and this Court has jurisdiction,

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defendants must specifically identify the basis for jurisdiction.

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IT IS SO ORDERED.
Dated: January 10, 2012
SUSAN ILLSTON
United States District Judge

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Plaintiff has filed a motion to remand this case to state court for lack of jurisdiction, and that
motion is scheduled for a hearing on February 17, 2012. The Court VACATES the hearing on that
motion. In lieu of filing an opposition to that motion, defendants shall file a response to this Court’s
Order to Show Cause.