First Horizon Home Loans v. Day Dawn Crossing Homeowners Association et al

Filing 41

ORDER Discharging Obligations under the Order to Show Cause Why this Case Should Not Be Dismissed for Want of Subject-matter Jurisdiction. IT IS HEREBY ORDERED that plaintiff's obligations under 28 order to show cause are deemed to have been discharged. Signed by Judge Jennifer A. Dorsey on 4/20/16. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FIRST HORIZON HOME LOANS, et al.

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Case No. 2:15-cv-01262-JAD-NJK

Plaintiff

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v.

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DAY DAWN CROSSING 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

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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. 28. Plaintiff and defendant SFR Investments Pool 1, LLC timely

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responded. See ECF Nos. 31, 32. Although neither response demonstrated to my satisfaction a

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basis for finding subject-matter jurisdiction, my closer review of the complaint reveals that

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plaintiff is challenging the constitutionality of NRS Chapter 116 and has thus presented a federal

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question on the face of the properly pleaded complaint that gives this court jurisdiction to hear

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this case. See Hall v. N. Am. Van Lines, Inc, 476 F.3d 683, 687 (9th Cir. 2007) (“The presence or

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absence of federal-question jurisdiction is governed by the ‘well-pleaded complaint rule,’ which

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provides that federal jurisdiction exists only when a federal question is presented on the face of

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the plaintif’'s properly pleaded complaint.”); ECF No. 1 at 7-9.

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Accordingly, with good cause appearing, IT IS HEREBY ORDERED that plaintiff’s
obligations under the order to show cause [ECF No. 28] are deemed to have been discharged.
Dated: April 20, 2016.

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Jennifer A. Dorsey
ifer Dorsey
r
United States District Judge
ed State
tate
tes
t Judge
d