Wrench v. Rushmore Loan Management Services, LLC et al

Filing 17

ORDER DISMISSING CASE FOR LACK OF JURISDICTION. Signed on 6/30/16 by District Judge Ortrie D. Smith. (Matthes, Renea) Modified on 6/30/2016 to reflect Order was mailed to Guinette Wrench.) (Matthes, Renea).

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

GUINETTE WRENCH,
Plaintiff,
vs.
RUSHMORE LOAN MANAGEMENT
SERVICES, LLC, et al.,
Defendants.

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Case No. 16-00350-CV-W-ODS

ORDER DISMISSING CASE FOR LACK OF JURISDICTION
On April 20, 2016, pro se Plaintiff Guinette Wrench (“Plaintiff”), a Missouri citizen,
filed this action, alleging this Court has diversity jurisdiction over the parties. Doc. #1.
On April 27, 2016, this Court ordered Plaintiff to show cause as to why the Court should
not dismiss the case for lack of jurisdiction. Doc. #3. The Court ordered Plaintiff to
clarify the citizenship of Defendant Rushmore Loan Management Services, LLC
(“Defendant”). Id. On May 23, 2016, this Court granted Plaintiff’s motion for an
extension of time to clarify Defendant’s citizenship. Doc. #6.
On June 6, 2016, Plaintiff submitted clarification of Defendant’s citizenship
wherein she stated Terry Smith is the owner of Defendant and is not a Missouri
resident. Doc. #12. On June 7, 2016, the Court issued a second order to show cause
as to why the case should not be dismissed for lack of jurisdiction, directing Plaintiff to
clarify the citizenship of Defendant’s members, as opposed to that of its officers or
owner. Doc. #13. In response, Plaintiff filed a motion for summary judgment wherein
she stated, “Plaintiff has come to the realization that names of the principle owners/
officers of Rushmore Loan Management Services, LLC and Roosevelt Management
Services, LLC1 will never be revealed to establish citizenship of Defendants.” Doc. #16.

1

Defendant’s Certificate of Formation lists Roosevelt Management Services, LLC as the
entity authorized to create Navigator AcqusitionSub LLC. Navigator AcquisitionSub

Plaintiff has not met her burden to establish this Court has diversity jurisdiction.
See Iowa League of Cities v. E.P.A., 711 F.3d 844, 870 (8th Cir. 2013) (stating the party
invoking federal jurisdiction bears the burden of demonstrating it exists). Without
knowledge of the citizenship of Defendant’s members, this Court cannot exercise
jurisdiction over Plaintiff’s claims. Accordingly, Plaintiff’s case is dismissed without
prejudice for lack of jurisdiction.
IT IS SO ORDERED.

DATE: June 30, 2016

/s/ Ortrie D. Smith
ORTRIE D. SMITH, SENIOR JUDGE
UNITED STATES DISTRICT COURT

LLC’s name was later changed to Rushmore Loan Management Services, LLC. Doc.
#12-1.