Barker v. GMAC Bank et al

Filing 21

ORDER AND MEMORANDUM DECISION parties are to submit simultaneous briefing within 10 days regarding whether diversity jurisdiction exists re 5 Motion for Leave to File an Amended Complaint and to remand to Idaho State Court. Signed by Judge Tena Campbell. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

DIANE BARKER, Plaintiff, ORDER AND MEMORANDUM DECISION vs.

GMAC Bank, a Utah corporation, and DOES I - X, Defendants.

Case Nos. 1:09 CV 133

Plaintiff Diane Barker asks this court to allow her to file an amended complaint that would remove the federal causes of action and to remand this case to Idaho state court based on a lack of subject matter jurisdiction. From the face of the complaint, the court notes that diversity jurisdiction might exist pursuant to 28 U.S.C. § 1332. Neither party addresses whether diversity jurisdiction exists and the effect that such jurisdiction would have on the dispute here. Accordingly, the court ORDERS the parties to submit simultaneous additional briefing within 10 days. DATED this 20th day of May 2009. BY THE COURT:

TENA CAMPBELL Chief Judge, District of Utah