HSBC Bank National Association v. Stratford Homeowners Association et al

Filing 45

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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 HSBC BANK, NATIONAL ASSOCIATION, et al. Case No. 2:15-cv-01259-JAD-PAL 5 Plaintiff 6 v. 7 8 9 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 10 11 Questioning the sufficiency of the citizenship allegations in the complaint, I ordered 12 plaintiff to show cause why this case should not be dismissed for want of subject-matter 13 jurisdiction. ECF No. 38. Plaintiff and defendant SFR Investments Pool 1, LLC timely 14 responded. See ECF Nos. 40, 42. Although neither response demonstrated to my satisfaction a 15 basis for finding subject-matter jurisdiction, my closer review of the amended complaint reveals 16 that plaintiff is challenging the constitutionality of NRS Chapter 116 and has thus presented a 17 federal question on the face of the properly pleaded complaint that gives this court jurisdiction to 18 hear this case. See Hall v. N. Am. Van Lines, Inc, 476 F.3d 683, 687 (9th Cir. 2007) (“The 19 presence or absence of federal-question jurisdiction is governed by the ‘well-pleaded complaint 20 rule,’ which provides that federal jurisdiction exists only when a federal question is presented on 21 the face of the plaintiff’s properly pleaded complaint.”); ECF No. 7 at 6–8. 22 23 24 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. 25 26 27 28 _______________________________ ________________________ _ _ _ _ __ Jennifer A. Dorsey nifer Dorsey e United States District Judge ited States tate Judge ud

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