Wilmington Savings Fund Society v. Fryberg et al
ORDER TO SHOW CAUSE, on or before 8/25/2017, why the Court should not dismiss this action for lack of subject matter jurisdiction by filing an amended complaint that adequately establishes federal jurisdiction, signed by Judge Robert S. Lasnik. (SWT)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
WILMINGTON SAVINGS FUND
SOCIETY, FSB, DOING BUSINESS AS
CHRISTIANA TRUST, NOT IN ITS
INDIVIDUAL CAPACITY BUT
SOLELY AS TRUSTEE FOR BCAT
ORDER TO SHOW CAUSE
Case No. C17-1196RSL
COREY FRYBERG, et al.,
This matter comes before the Court sua sponte. On August 8, 2017, plaintiff filed
the above-captioned matter seeking to enforce a Note and Deed of Trust executed by
defendant Corey Fryberg regarding property located within the Tulalip Reservation.
Plaintiff alleges that this Court has jurisdiction over its claims based on diversity of
citizenship and Tulalip Tribal Code 2.05.020. Plaintiff has not, however, provided the
citizenship of the various parties involved in this litigation. Nor has it given any
indication why TTC 2.05.020, which states that the Tulalip Tribal Court has jurisdiction
over matters having to do with rights in or encumbrances to lands within the Tulalip
ORDER TO SHOW CAUSE - 1
Reservation, supports this Court’s jurisdiction.
The party seeking a federal venue has the burden of establishing this Court’s
subject matter jurisdiction (In re Dynamic Random Access Memory (DRAM) Antitrust
Litig., 546 F.3d 981, 984 (9th Cir. 2008)), and it has long been recognized that the Court
can sua sponte consider the issue of subject matter jurisdiction at any time during the
proceeding (Scholastic Entm’t, Inc. v. Fox Entm’t Group, Inc., 336 F.3d 982, 985 (9th
Cir. 2003); Fed. R. Civ. P. 12(h)(3)). Plaintiff has failed to show that there is “complete
diversity of citizenship between the parties opposed in interest.” Kuntz v. Lamar Corp.,
385 F.3d 1177, 1181 (9th Cir. 2004) (internal citation omitted). It therefore appears that
there is no basis for federal jurisdiction over this matter. Plaintiff is hereby ORDERED
TO SHOW CAUSE on or before August 25, 2017, why the Court should not dismiss this
action for lack of subject matter jurisdiction by filing an amended complaint that
adequately establishes federal jurisdiction. The Clerk of the Court is directed to place this
order to show cause on the Court’s calendar for August 25, 2017.
Dated this 17th day of August, 2017.
Robert S. Lasnik
United States District Judge
ORDER TO SHOW CAUSE - 2
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