U.S. Select REO Fund I, LLC v. Blanco

Filing 3

ORDER TO SHOW CAUSE. Show Cause Response due by 6/21/2012. Signed by Judge Nathanael M. Cousins on 06/07/2012. (nclc2, COURT STAFF) (Filed on 6/7/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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U.S. SELECT REO FUND I, LLC,
Plaintiff,

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Case No. 12-cv-02886 NC
ORDER TO SHOW CAUSE

v.
RAMON C. BLANCO,
Defendant.

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Defendant Ramon Blanco removed this unlawful detainer action to federal court

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on June 4, 2012. Not. Removal, Dkt. No. 1. Blanco contends that subject matter

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jurisdiction exists under 28 U.S.C. § 1332, asserting complete diversity of citizenship

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between the parties and that the amount in controversy exceeds $75,000. See id..

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As the removing party, Blanco has the burden to prove the existence of

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jurisdictional facts. See Gaus v. Miles, 980 F.2d 564, 566 (9th Cir. 1992). Even where

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complete diversity exists between the parties, removal is allowed only if “none of the

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parties in interest properly joined and served as defendants is a citizen of the State in

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which such action is brought.” 28 U.S.C. § 1441(b); see also Spencer v. United States

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Dist. Ct. For Northern Dist. (Altec Indus., Inc.), 393 F.3d 867, 870 (9th Cir. 2004).

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Based on the removal notice and the state court pleadings, Blanco appears to be a
citizen of the state of California. See Not. Removal, Ex. A (unlawful detainer complaint).
Case No. 12-cv-02886 NC
ORDER TO SHOW CAUSE

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Accordingly, on or before June 21, 2012, Blanco must show cause why this action
should not be remanded to state court for lack of federal subject matter jurisdiction.

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IT IS SO ORDERED.
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DATED: June 7, 2012
____________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No. 12-cv-02886 NC
ORDER TO SHOW CAUSE

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