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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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 THAI QUANG DUONG THACH, et al., 8 Plaintiffs, 9 10 ORDER TO SHOW CAUSE RE SUBJECT MATTER JURISDICTION v. BANK OF AMERICA, et al., Defendants. 11 United States District Court Northern District of California Case No.: 3:12-cv-05971-JCS 12 13 Plaintiffs filed this quiet title action in federal district court on the basis of diversity 14 jurisdiction pursuant to 28 U.S.C. § 1332(c). In particular, Plaintiffs allege they are citizens of 15 California, that Bank of America, N.A. is a citizen of another state, and that ReconTrust 16 Company, N.A. is “organized and existing under the laws of Texas.” Complaint at 1-2. 17 It has come to the Court’s attention, however, that ReconTrust Company, N.A. is a 18 national bank based in California, and therefore, there is not complete diversity of citizenship in 19 this action.1 See 28 U.S.C. § 1348 (“All national banking associations shall, for the purposes of 20 all other actions by or against them, be deemed citizens of the States in which they are 21 respectively located.”); Rodriguez v. Bank of America Corp., No. 11-1877, 2012 WL 2375833, at 22 * 2-3 (D. Nev. June 21, 2012) (“Because ReconTrust is currently headquartered in California and 23 was headquartered in California at the time this action was filed and removed, ReconTrust is a 24 25 26 27 28 1 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). 1 Cal lifornia resid dent”); Patin v. ReconT no Trust Co., N.A No. 11-0 A., 0345 CW, 20 WL 381206 (N.D. 012 2 Cal Feb. 6, 201 (remand l. 12) ding case to state court be s ecause Reco onTrust is a c citizen of Ca alifornia). 3 Accordi ingly, the pa arties are ord dered to app pear and show cause why this action should not w y 4 be dismissed fo lack of sub d or bject matter jurisdiction. Within twe . enty (20) da of the dat of this ays te 5 Ord the parti may file written brief not to exc der, ies w fs, ceed five (5) pages, addr ) ressing the q question of 6 whether the Co has diver ourt rsity jurisdic ction over th action. A show cause hearing sha be held his e all 7 on Friday, Jan nuary 11, 20 at 1:30p 013 p.m. 8 9 IT IS SO ORDERE O ED. Dat Decemb 17, 2012 ted: ber 10 ___ __________ ___________ ___ Jos seph C. Sper ro Un nited States M Magistrate Ju udge United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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