Vargas et al v. Wells Fargo Bank N.A. et al

Filing 92

ORDER TO SHOW CAUSE RE: LACK OF SUBJECT MATTER JURISDICTION AND SCHEDULING ORDER. Order to Show Cause Hearing set for 10/3/2013 02:00 PM. Show Cause Response due by 8/26/2013. Responding brief due 9/9/2013. Signed by Judge Jon S. Tigar on August 12, 2013. (wsn, COURT STAFF) (Filed on 8/12/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JUAN MANUEL VARGAS, et al.,

Case No. 12-cv-02008-JST

Plaintiffs,
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v.
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WELLS FARGO BANK N.A., et al.,

United States District Court
Northern District of California

Defendants.

ORDER TO SHOW CAUSE RE: LACK
OF SUBJECT MATTER
JURISDICTION AND SCHEDULING
ORDER

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Wells Fargo Bank is hereby ORDERED TO SHOW CAUSE why this action should not be

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remanded to state court for lack of subject matter jurisdiction because Plaintiffs and Wells Fargo

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may not be diverse parties within the meaning of 28 U.S.C. §§ 1348, 1332, and 1441(b)(2). The

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Court notes that Plaintiffs are citizens of California, where Wells Fargo has its principal place of

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business. See, e.g., Martinez v. Wells Fargo Bank, No. 12-cv-6006-EMC, 2013 WL 2237879

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(N.D. Cal. May 21, 2013) (discussing Wachovia Bank v. Schmidt, 546 U.S. 303, 317 (2006), and

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American Surety Co. v. Bank of Cal., 133 F.2d 160, 162 (9th Cir. 1943)).

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Wells Fargo may file a response to this Order of no more than twenty-five pages by

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August 26, 2013. Plaintiffs may file a responding brief of no more than twenty-five pages by

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September 9, 2013. Wells Fargo may file a reply of no more than fifteen pages by September 23,

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2013. The parties shall appear for a hearing on this Order on October 3, 2013, at 2:00 p.m., in

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Courtroom 9, 19th Floor, 450 Golden Gate Ave., San Francisco, California.

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The Court hereby VACATES the hearings on Wells Fargo’s Motion for Summary

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Judgment scheduled for August 15, 2013, and Motion to Strike or Exclude Evidence of Damages

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scheduled for September 5, 2013. Additionally, the Court VACATES the remaining deadlines in

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this action, including the date currently set for trial. The Court will reset the hearing dates and the

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remaining case deadlines and trial date after the question of the Court’s jurisdiction has been

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resolved.

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IT IS SO ORDERED.
Dated: August 12, 2013

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______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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