HSBC Bank National Association v. Stratford Homeowners Association et al
Filing
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ORDER Discharging Obligations under the Order to Show Cause Why this Case Should Not Be Dismissed for Want of Subject-Matter Jurisdiction. The parties' obligations under the 38 Order to Show Cause are deemed to have been discharged. Signed by Judge Jennifer A. Dorsey on 4/20/2016. (Copies have been distributed pursuant to the NEF - SLD)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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HSBC BANK, NATIONAL ASSOCIATION,
et al.
Case No. 2:15-cv-01259-JAD-PAL
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Plaintiff
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v.
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STRATFORD HOMEOWNERS
ASSOCIATION, et al.,
Order Discharging Obligations under the
Order to Show Cause Why this Case
Should Not Be Dismissed for Want of
Subject-matter Jurisdiction
Defendants
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Questioning the sufficiency of the citizenship allegations in the complaint, I ordered
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plaintiff to show cause why this case should not be dismissed for want of subject-matter
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jurisdiction. ECF No. 38. Plaintiff and defendant SFR Investments Pool 1, LLC timely
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responded. See ECF Nos. 40, 42. Although neither response demonstrated to my satisfaction a
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basis for finding subject-matter jurisdiction, my closer review of the amended complaint reveals
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that plaintiff is challenging the constitutionality of NRS Chapter 116 and has thus presented a
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federal question on the face of the properly pleaded complaint that gives this court jurisdiction to
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hear this case. See Hall v. N. Am. Van Lines, Inc, 476 F.3d 683, 687 (9th Cir. 2007) (“The
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presence or absence of federal-question jurisdiction is governed by the ‘well-pleaded complaint
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rule,’ which provides that federal jurisdiction exists only when a federal question is presented on
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the face of the plaintiff’s properly pleaded complaint.”); ECF No. 7 at 6–8.
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Accordingly, with good cause appearing, IT IS HEREBY ORDERED that the parties’
obligations under the order to show cause [ECF No. 38] are deemed to have been discharged
Dated: April 20, 2016.
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_______________________________
________________________
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Jennifer A. Dorsey
nifer Dorsey
e
United States District Judge
ited States
tate
Judge
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