RHKids, LLC v. Castle & Cooke Mortgage Services, LLC et al
Filing
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ORDER that Chase must supplement its statement regarding removal by 2/14/2018; ECF No. 21 is vacated and defendants Castle & Cooke Mortgage Services, LLC and Elkhorn Community Association are reinstated. Signed by Judge Miranda M. Du on 2/9/2018. (Copies have been distributed pursuant to the NEF - LH)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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RHKIDS, LLC,
Case No. 2:17-cv-01907-MMD-PAL
Plaintiff,
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ORDER
v.
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CASTLE & COOKE MORTGAGE
SERVICES, LLC; ELKHORN COMMUNITY
ASSOCIATION; AND JPMORGAN CHASE
BANK, N.A.,
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Defendants.
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Defendant JPMorgan Chase Bank, NA (“Chase”) removed this case from Nevada
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state court on July 12, 2017, on the basis of diversity jurisdiction.1 (ECF No. 1.) On October
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18, 2017, this Court issued a notice of intent to dismiss pursuant to Federal Rule of Civil
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Procedure 4(m) indicating that no proof of service had been filed as to Defendants Castle
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& Cooke Mortgage Services, LLC (“Castle”) or Elkhorn Community Association (“the
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HOA”) and giving the parties until November 17, 2017, to file proofs of service with the
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Court. (ECF No. 20.) No proofs of service were filed in response to the notice. The Court
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therefore dismissed Castle and the HOA without prejudice on December 28, 2017. (ECF
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No. 21.) However, in reviewing the briefs and exhibits accompanying Plaintiff’s Motion to
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Remand (ECF No. 10) and Chase’s Motion to Dismiss (ECF No. 6), the Court has found
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that proofs of service for Castle and the HOA were filed in this action. (ECF No. 1-2 at 24-
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1Defendant
Castle & Cooke Mortgage Services, LLC filed a notice of consent to
removal on July 12, 2017. (ECF No. 3.)
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25; ECF No. 10 at 29.) Therefore, the Court vacates its prior order dismissing Castle and
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the HOA (ECF No. 21).
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However, the Court finds that Chase has not met its burden to identify the
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citizenship of the parties to the action for purposes of removal. Chase asserts: “Upon
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information and belief, [Castle] is incorporated in the State of Delaware, with its principal
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place of business in Utah. For diversity purposes, [Castle] is a resident of Delaware and
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Utah.” (ECF No. 5 at 2.) Castle is an LLC. Although corporations are citizens of any state
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in which they are incorporated or have their principal place of business, "an LLC is a citizen
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of every state of which its owners/members are citizens." Johnson v. Columbia Props.
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Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). But as “the party asserting diversity
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jurisdiction[,] [Chase] bears the burden of proof.” Kanter v. Warner-Lambert Co., 265 F.3d
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853, 857-58 (9th Cir. 2001). Chase has not met its burden. Instead, Chase has yet to
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identify any members of Castle or clarify whether those members are citizens of different
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states than Plaintiff. Neither Chase’s petition for removal (ECF No. 1) nor its statement
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regarding removal (ECF No. 5) satisfies the diversity of citizenship requirement under 28
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U.S.C. § 1332(a).
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It is therefore ordered that Chase must supplement its statement regarding removal
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with a document that identifies the state citizenships of each member of Defendant Castle
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& Cooke Mortgage Services, LLC. Chase must file the supplement within five (5) days of
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the date of this Order.
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It is further ordered that the Court’s prior order dismissing Castle & Cooke Mortgage
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Services, LLC and Elkhorn Community Association (ECF No. 21) is vacated and that both
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parties are reinstated as defendants in this action.
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DATED THIS 9th day of February 2018.
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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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