Vasquez v. Bank of America , N.A.

Filing 23

ORDER DIRECTING DEFENDANTS TO PROVIDE NOTICE ADDRESSING DIVERSITY JURISDICTION. Signed by Judge Jon S. Tigar on September 26, 2013. (wsn, COURT STAFF) (Filed on 9/26/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TINA M. VASQUEZ,

Case No. 13-cv-02902-JST

Plaintiff,
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v.
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BANK OF AMERICA , N.A., et al.,

ORDER DIRECTING DEFENDANTS
TO PROVIDE NOTICE ADDRESSING
DIVERSITY JURISDICTION

Defendants.

United States District Court
Northern District of California

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The operative complaint in this action brings seven state-law causes of action and a single

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federal claim. ECF No. 13. In the complaint, Plaintiff asserts only that “this is an action asserting

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violations of Federal Law.” Id., ¶ 2. However, in her opposition to Defendants’ motion to

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dismiss, Plaintiff also argues that diversity jurisdiction applies to the complaint because both

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named Defendants are citizens of states other then California, of which Plaintiff is a citizen. ECF

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No. 18, at 19:3-24. In their reply brief, Defendants argue that the Court should dismiss the single

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federal claim and decline to exercise supplemental jurisdiction over the remaining claims, but they

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do not address Plaintiffs’ argument that diversity jurisdiction applies to the entire

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complaint. 14:23-15:17.

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“[I]t is the obligation of both district court and counsel to be alert to jurisdictional

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requirements.” Grupo Dataflux v. Atlas Global Grp., L.P., 541 U.S. 567, 593, (2004). Therefore,

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Defendants are ORDERED to file a Supplemental Memorandum with the Court not later than

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Monday, September 30, identifying the state or states of which Defendants are citizens, and stating

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whether Defendants dispute that diversity jurisdiction applies to the entire complaint.

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IT IS SO ORDERED.
Dated: September 26, 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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