Ramirez v. Nationstar Mortgage LLC et al

Filing 9

ORDER TO SHOW CAUSE re Subject Matter Jurisdiction. Show Cause Response due by 11/19/2013. Signed by Magistrate Judge Howard R. Lloyd on 11/5/2013. (hrllc2, COURT STAFF) (Filed on 11/5/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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JOSE RAMIREZ,

Case No. 5:13-05100 HRL

Plaintiff,
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v.

ORDER TO SHOW CAUSE RE
SUBJECT MATTER JURISDICTION

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NATIONSTAR MORTGAGE, LLC, a
Delaware Limited Liability Company;
BANK OF AMERICA, a National
Association; CAL-WESTERN
RECONVEYANCE, LLC, a California
Limited Liability Company; and DOES 1
through 10, inclusive,

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Defendants.

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Jose Ramirez sues for alleged violations of state law arising out of home mortgage

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foreclosure proceedings. His complaint was filed on October 31, 2013, along with an application

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to proceed in forma pauperis. Having reviewed the record, the court directs plaintiff to show

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cause re this court’s subject matter jurisdiction.

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Federal courts have original jurisdiction over civil actions “arising under the Constitution,

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laws, or treaties of the United States.” 28 U.S.C. § 1331. A claim “arises under” federal law if,

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based on the “well-pleaded complaint rule,” the plaintiff alleges a federal claim for relief. Vaden

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v. Discovery Bank, 129 S. Ct. 1262, 1272 (2009). Because Ramirez alleges only state law claims

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for relief, there is no basis for federal question jurisdiction.

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Nor does the complaint sufficiently allege diversity jurisdiction. Federal district courts

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have jurisdiction over civil actions in which the matter in controversy exceeds the sum or value of

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$75,000 (exclusive of interest and costs) and is between citizens of different states. 28 U.S.C.

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§1332. Here, the complaint suggests that Ramirez and at least one of the defendants are California

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citizens.

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Accordingly, Ramirez shall file a written response to this order and show cause re this

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court’s subject matter jurisdiction over his complaint. Ramirez’s written response shall be filed no

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later than November 19, 2013.

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SO ORDERED.

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United States District Court
Northern District of California

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Dated: November 5, 2013
______________________________________
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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5:13-cv-05100-HRL Notice has been electronically mailed to:
Edward Robert Ramirez

[e-mail]

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United States District Court
Northern District of California

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