Donovan et al v. The Bank of New York Mellon Trust Company Mellon Trust Company, National Association, et al

Filing 19

ORDER to Remand Case to King County Superior Court. Defendants' request for a two week extension of time in which to showcause (Dkt. # 13) is DENIED as moot, by Judge Robert S. Lasnik. (MD)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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BRAD DONOVAN, et al.,

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Plaintiffs,
Case No. C15-0801RSL
v.
ORDER OF REMAND
THE BANK OF NEW YORK MELLON
TRUST COMPANY, N.A., et al.,
Defendants.

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On May 26, 2015, the Court ordered defendants to provide the citizenship

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of each owner/member of DHM Mortgage Servicing, LLC, and/or AMS Servicing, LLC,

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in order to establish that federal jurisdiction exists. See 28 U.S.C. § 1332(a) the federal

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court’s basic diversity jurisdiction extends to “all civil actions where the matter in

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controversy exceeds . . . $75,000 . . . and is between . . . citizens of different States.”);

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Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006) (holding

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that “like a partnership, an LLC is a citizen of every state of which its owners/members

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are citizens”).

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Defendants’ initial and supplemental responses (Dkt. # 12 and # 16) are
insufficient: although they provide information from which the citizenship of certain

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ORDER OF REMAND - 1

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entities holding an ownership interest in the named defendants can be ascertained, most of

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the relevant owners, trustees, and partners have not been disclosed, leaving both plaintiffs

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and the Court unable to verify their citizenship. Because “it is to be presumed that a cause

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of action lies outside the limited jurisdiction of the federal courts and the burden of

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establishing the contrary rests upon the party asserting jurisdiction,” the Court “resolves

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all ambiguity in favor of remand to state court.” Hunter v. Philip Morris USA, 582 F.3d

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1039, 1042 (9th Cir. 2009) (internal quotation marks and alterations omitted).

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The Clerk of Court is therefore directed to REMAND this matter to King County

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Superior Court. Defendants’ request for a two week extension of time in which to show

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cause (Dkt. # 13) is DENIED as moot.

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Dated this 18th day of June, 2015.
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A

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Robert S. Lasnik
United States District Judge

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ORDER OF REMAND - 2