Permito v. Wells Fargo, N.A.

Filing 9

ORDER TO SHOW CAUSE WHY THIS COURT HAS JURISDICTION AND SETTING COMPLIANCE HEARING Compliance Hearing re this Show Cause Order is set for Friday, 2/10/2012 09:01 AM. Show Cause Response due by 2/9/2012 by 4:00pm.. Signed by Judge Yvonne Gonzalez Rogers on 2/8/2012. (fs, COURT STAFF) (Filed on 2/8/2012)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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MARIA ELENA PERMITO,
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Plaintiff,
Northern District of California

United States District Court

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vs.

Case No.: C-12-00545-YGR
ORDER TO SHOW CAUSE WHY THIS
COURT HAS JURISDICTION AND
SETTING COMPLIANCE HEARING

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WELLS FARGO, N.A.,
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Defendant.
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The Court has serious doubts that it has subject matter jurisdiction over this matter and,
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therefore, Plaintiff shall show cause why this action should not be dismissed for lack of subject matter
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jurisdiction. Plaintiff, a resident of California, filed this this wrongful foreclosure action in federal
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court, invoking the Court’s diversity jurisdiction, 28 U.S.C. § 1332, alleging that Defendant Wells
Fargo, N.A. has “its main office in North Carolina.” Pl.’s Compl. ¶ 6. Plaintiff also filed a Motion
for a Temporary Restraining Order (“TRO”) alleging that Defendant Wells Fargo, N.A. has “its main
office in North Carolina.” Pl.’s Ex Parte Combined Mot. for TRO and Prelim. Inj. ¶ 4. The
Defendant’s 2010 Annual Statement indicates that its corporate headquarters is in San Francisco,
California. See Wells Fargo & Co. Annual Report 2010 at 2.
A compliance hearing regarding this Show Cause Order shall be held on Friday, February 10,

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2012 on the Court’s 9:01a.m. calendar, in the Federal Courthouse, 1301 Clay Street, Oakland,

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California, in a courtroom to be designated. Given the exigency of a request for a TRO, no later than

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4:00 p.m. on February 9, 2012, Plaintiff shall file either (a) a memorandum showing cause why this

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action should not be dismissed for lack of subject matter jurisdiction, or (b) a notice of voluntary

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dismissal. If this action is dismissed, Plaintiff need not appear and the compliance hearing will be

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taken off calendar. Telephonic appearances will not be allowed. Failure to comply with this order

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will result in sanctions, including dismissal.

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IT IS SO ORDERED.
February 8, 2012
___________________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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Northern District of California

United States District Court

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