Halder et al v. Penny Mac Loan Services, LLC et al

Filing 5

ORDER TO SHOW CAUSE: Plaintiffs must show cause in writing why this action should not be dismissed for lack of subject matter jurisdiction and file consent or declination by 12/10/2012. Signed by Judge Nathanael Cousins on 11/26/12. (Attachments: # 1 Consent/Declination)(lmh, COURT STAFF) (Filed on 11/26/2012)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7

SAN FRANCISCO DIVISION

8
9

ANTHONY HALDER and ARPA HALDER,
Plaintiffs,

10
v.

11

Case No. 12-cv-05757 NC
ORDER TO SHOW CAUSE
Re: Dkt. No. 1

PENNY MAC LOAN SERVICES, LLC, and

12 others
13

Defendants.

14
15

Plaintiffs bring this action against defendants for slander of title, wrongful

16 foreclosure, and violations of California Civil Code §§ 2923.5 and 17200. Dkt. No. 1.
17 Plaintiffs invoke federal jurisdiction under 28 U.S.C. § 1332(a)(1) on the basis of diversity
18 of citizenship. As the complaint alleges that Plaintiffs are citizens of the same state
19 (California) as one of the named defendants, Penny Mac Loan Services, LLC, and the
20 claims in the complaint arise exclusively out of state law, the Court lacks subject matter
21 jurisdiction over this action. Accordingly, by December 10, 2012, Plaintiffs must show
22 cause in writing why this action should not be dismissed for lack of subject matter
23 jurisdiction. Also by December 10, Plaintiffs must consent to or decline the jurisdiction of
24 a United States Magistrate Judge. A consent/decline form is attached.
25

IT IS SO ORDERED.

26

Date: November 26, 2012

27
28
Case No. 12-cv-05757 NC
ORDER TO SHOW CAUSE

_________________________
Nathanael M. Cousins
United States Magistrate Judge