Alvarado v. 360 Mortgage Group, LLC

Filing 8

ORDER TO SHOW CAUSE REGARDING DEFECTIVE REMOVAL. 360 Mortgage Group must file a response to this order by 9/15/2017. Signed by Judge Nathanael Cousins on 9/1/2017. (lmh, COURT STAFF) (Filed on 9/1/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CRISTIAN ALVARADO,
Plaintiff,

United States District Court
Northern District of California

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v.
360 MORTGAGE GROUP, LLC,
Defendant.

Case No. 17-cv-04655 NC
ORDER TO SHOW CAUSE
REGARDING DEFECTIVE
REMOVAL
Re: Dkt. No. 1

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Defendant 360 Mortgage Group, LLC removed this case from California state court

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on the basis of diversity jurisdiction. Dkt. No. 1 at 3. It is the Court’s duty to examine

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whether it has subject matter jurisdiction over any case before it.

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Federal courts are courts of limited jurisdiction and are presumptively without

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jurisdiction. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). The

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defendant has the burden of showing removal of a state court action to federal court is

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appropriate. Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). Removal of a state

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court action to federal court is appropriate only if the federal court would have had original

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subject matter jurisdiction over the suit. 28 U.S.C. § 1441(a).

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It is not clear that diversity of citizenship exists here, and so the existence of subject

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matter jurisdiction is uncertain. This is because defendant is a limited liability company,

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and the citizenship of each member of the company must be considered in the diversity

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analysis. Carden v. Arkoma Assocs., 494 U.S. 185, 195 (1990); Johnson v. Columbia
Case No. 17-cv-04655 NC

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Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). Defendant did not inform

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the Court of the citizenship of the LLC’s members. Thus, the Court ORDERS 360

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Mortgage Group to SHOW CAUSE why the Court has subject matter jurisdiction over this

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case. 360 Mortgage Group must file a response to this order by September 15, 2017. That

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response may not exceed 5 pages in length. Otherwise, the Court will remand this case to

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California state court.

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IT IS SO ORDERED.

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Dated: September 1, 2017

United States District Court
Northern District of California

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_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No.:17-cv-04655-NC

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