Wilmington Savings Fund Society v. Fryberg et al

Filing 6

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)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 11 WILMINGTON SAVINGS FUND SOCIETY, FSB, DOING BUSINESS AS CHRISTIANA TRUST, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR BCAT 2014-6TT, 14 15 ORDER TO SHOW CAUSE Plaintiff, 12 13 Case No. C17-1196RSL v. COREY FRYBERG, et al., Defendants. 16 17 This matter comes before the Court sua sponte. On August 8, 2017, plaintiff filed 18 the above-captioned matter seeking to enforce a Note and Deed of Trust executed by 19 defendant Corey Fryberg regarding property located within the Tulalip Reservation. 20 Plaintiff alleges that this Court has jurisdiction over its claims based on diversity of 21 citizenship and Tulalip Tribal Code 2.05.020. Plaintiff has not, however, provided the 22 citizenship of the various parties involved in this litigation. Nor has it given any 23 indication why TTC 2.05.020, which states that the Tulalip Tribal Court has jurisdiction 24 over matters having to do with rights in or encumbrances to lands within the Tulalip 25 26 ORDER TO SHOW CAUSE - 1 1 2 Reservation, supports this Court’s jurisdiction. The party seeking a federal venue has the burden of establishing this Court’s 3 subject matter jurisdiction (In re Dynamic Random Access Memory (DRAM) Antitrust 4 Litig., 546 F.3d 981, 984 (9th Cir. 2008)), and it has long been recognized that the Court 5 can sua sponte consider the issue of subject matter jurisdiction at any time during the 6 proceeding (Scholastic Entm’t, Inc. v. Fox Entm’t Group, Inc., 336 F.3d 982, 985 (9th 7 Cir. 2003); Fed. R. Civ. P. 12(h)(3)). Plaintiff has failed to show that there is “complete 8 diversity of citizenship between the parties opposed in interest.” Kuntz v. Lamar Corp., 9 385 F.3d 1177, 1181 (9th Cir. 2004) (internal citation omitted). It therefore appears that 10 there is no basis for federal jurisdiction over this matter. Plaintiff is hereby ORDERED 11 TO SHOW CAUSE on or before August 25, 2017, why the Court should not dismiss this 12 action for lack of subject matter jurisdiction by filing an amended complaint that 13 adequately establishes federal jurisdiction. The Clerk of the Court is directed to place this 14 order to show cause on the Court’s calendar for August 25, 2017. 15 Dated this 17th day of August, 2017. 16 17 A 18 Robert S. Lasnik United States District Judge 19 20 21 22 23 24 25 26 ORDER TO SHOW CAUSE - 2

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