Quang Duong Thach et al v. Bank of America, N.A. et al

Filing 7

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 1/11/2013 01:30 PM. Show Cause Response due by 1/7/2013. Signed by Judge Joseph C. Spero on December 17, 2012. (jcslc2, COURT STAFF) (Filed on 12/17/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THAI QUANG DUONG THACH, et al.,

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Plaintiffs,

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ORDER TO SHOW CAUSE RE SUBJECT
MATTER JURISDICTION

v.
BANK OF AMERICA, et al.,
Defendants.

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United States District Court
Northern District of California

Case No.: 3:12-cv-05971-JCS

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Plaintiffs filed this quiet title action in federal district court on the basis of diversity

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jurisdiction pursuant to 28 U.S.C. § 1332(c). In particular, Plaintiffs allege they are citizens of

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California, that Bank of America, N.A. is a citizen of another state, and that ReconTrust

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Company, N.A. is “organized and existing under the laws of Texas.” Complaint at 1-2.

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It has come to the Court’s attention, however, that ReconTrust Company, N.A. is a

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national bank based in California, and therefore, there is not complete diversity of citizenship in

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this action.1 See 28 U.S.C. § 1348 (“All national banking associations shall, for the purposes of

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all other actions by or against them, be deemed citizens of the States in which they are

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respectively located.”); Rodriguez v. Bank of America Corp., No. 11-1877, 2012 WL 2375833, at

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* 2-3 (D. Nev. June 21, 2012) (“Because ReconTrust is currently headquartered in California and

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was headquartered in California at the time this action was filed and removed, ReconTrust is a

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The Court takes judicial notice of the National Banks List on the official website of the
Office of the Comptroller of the Currency, located at
www.occ.treas.gov/topics/licensing/national-bank-lists/national-by-name-v2.pdf, which lists the
location of ReconTrust Company, N.A. headquarters as Simi Valley California. See Miller v.
Wells Fargo Home Mortg., 2010 WL 3431802, at *2 (E.D.Cal.,Aug. 31, 2010) (taking judicial
notice of National Banks List, pursuant to Rule 201 of the Federal Rules of Evidence on the basis
that it is a matter of public record).

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Cal
lifornia resid
dent”); Patin v. ReconT
no
Trust Co., N.A No. 11-0
A.,
0345 CW, 20 WL 381206 (N.D.
012

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Cal Feb. 6, 201 (remand
l.
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ding case to state court be
s
ecause Reco
onTrust is a c
citizen of Ca
alifornia).

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Accordi
ingly, the pa
arties are ord
dered to app
pear and show cause why this action should not
w
y

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be dismissed fo lack of sub
d
or
bject matter jurisdiction. Within twe
.
enty (20) da of the dat of this
ays
te

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Ord the parti may file written brief not to exc
der,
ies
w
fs,
ceed five (5) pages, addr
)
ressing the q
question of

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whether the Co has diver
ourt
rsity jurisdic
ction over th action. A show cause hearing sha be held
his
e
all

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on Friday, Jan
nuary 11, 20 at 1:30p
013
p.m.

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IT IS SO ORDERE
O
ED.
Dat Decemb 17, 2012
ted:
ber

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___
__________
___________
___
Jos
seph C. Sper
ro
Un
nited States M
Magistrate Ju
udge

United States District Court
Northern District of California

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