Bank of America, N.A. v. Mountain Gate Homeowners' Association et al

Filing 51

ORDER. The Court hereby ORDERS Hampton & Hampton LLC to file amended declarations consistent with Kanter by no later than noon on June 9, 2016. Signed by Magistrate Judge Nancy J. Koppe on 06/07/2016. (Copies have been distributed pursuant to the NEF - NEV)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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BANK OF AMERICA, N.A.,

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Plaintiff(s),

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vs.

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MOUNTAIN GATE HOMEOWNERS’
ASSOCIATION, et al.,

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Defendant(s).
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Case No. 2:16-cv-00540-JCM-NJK
ORDER

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Pending before the Court are declarations of the members of Hampton & Hampton LLC asserting

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their citizenship based entirely on their residency. Docket No. 50. Residency and citizenship are not

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co-extensive:

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The diversity jurisdiction statute, 28 U.S.C. § 1332, speaks of citizenship, not of
residency. To be a citizen of a state, a natural person must first be a citizen of the
United States. Newman–Green, Inc. v. Alfonzo–Larrain, 490 U.S. 826, 828, 109 S.Ct.
2218, 104 L.Ed.2d 893 (1989). The natural person’s state citizenship is then
determined by her state of domicile, not her state of residence. A person’s
domicile is her permanent home, where she resides with the intention to remain or to
which she intends to return. See Lew v. Moss, 797 F.2d 747, 749 (9th Cir.1986). A
person residing in a given state is not necessarily domiciled there, and thus is not
necessarily a citizen of that state. See, e.g., Weible v. United States, 244 F.2d 158,
163 (9th Cir.1957) (“Residence is physical, whereas domicile is generally a
compound of physical presence plus an intention to make a certain definite place
one’s permanent abode, though, to be sure, domicile often hangs on the slender thread
of intent alone, as for instance where one is a wanderer over the earth. Residence is
not an immutable condition of domicile.”).

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Kanter v. Warner-Lambert Co., 265 F.3d 853, 857 (9th Cir. 2001) (emphasis added).

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Because the instant declarations improperly conflate residency and citizenship, the Court

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hereby ORDERS Hampton & Hampton LLC to file amended declarations consistent with Kanter by

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no later than noon on June 9, 2016.

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IT IS SO ORDERED.

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DATED: June 7, 2016

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______________________________________
_____________________
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NANCY J. KOPPE
KOPPE
O E
United States Magistrate Judge
Magistrate
tates Ma i r t

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