Ruthfield et al v. National City Mortgage, Inc.

Filing 10

ORDER directing PNC Bank National Association to provide supplemental information clarifying its state of citizenship and provide the Court with the location of its main office on or before Monday, June 20, 2011. Signed by District Judge Richard Voorhees on 6/7/2011. (Pro se litigant served by US Mail.)(cbb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:11-CV-00045-RLV
RONALD & SUSAN GAIL
RUTHFIELD,

)
)
)
Plaintiffs,
)
)
v.
)
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PNC BANK NATIONAL ASSOCIATION, )
successor by merger to National City Real
)
Estate Services, LLC as successor by merger )
to National City Mortgage, Inc.,
)
)
)
Defendant.
)
____________________________________ )

ORDER

THIS MATTER is before the Court sua sponte upon initial review of Plaintiffs’ Motion
to Remand and accompanying Memorandum in Support, filed April 4, 2011, as well as
Defendant’s Response to Plaintiff’s Motion to Remand, filed May 6, 2011.
The Court hereby directs Defendant PNC Bank National Association to provide
supplemental information clarifying its state of citizenship by Monday, June 20, 2011.1 “All
national banking associations shall, for the purposes of all other actions by or against them be
deemed citizens of the States in which they are respectively located.” 28 U.S.C. § 1348 (2006).
The United States Supreme Court has interpreted this statute to mean that a national bank “is a
citizen of the State in which its main office, as set forth in its articles of association, is located.”
Wachovia Bank, Nat’l Ass’n v. Schmidt, 546 U.S. 303, 307 (2006).
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Defendant states that “PNC is a national association with its principal place of business in
Pennsylvania.” (Notice of Removal, ¶4b)

IT IS, THEREFORE, ORDERED that Defendant PNC Bank National Association is to
RESPOND accordingly and provide the Court with the location of its main office on or before
Monday, June 20, 2011.

Signed: June 7, 2011

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