Wells Fargo Bank NA v. Edward Derek Schaper
Filing
5
MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner: ORDER DISMISSING CASE by Judge R. Gary Klausner, Case Terminated. Made JS-6. (rne)
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JS-6
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
CV 12-03150-RGK (OPx)
Title
WELLS FARGO BANK NA v. EDWARD DEREK SCHAPER
Present: The
Honorable
Date
May 7, 2012
R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE
Sharon L. Williams
Not Reported
N/A
Deputy Clerk
Court Reporter / Recorder
Tape No.
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
Not Present
Not Present
Proceedings:
(IN CHAMBERS) Order Re: Dismissing Case for Lack of Subject
Matter Jurisdiction
On April 11, 2012, Wells Fargo Bank (“Plaintiff”) filed the present action for breach of promissory
note against Edward Derek Schaper (“Defendant”) in this Court. Plaintiff bases jurisdiction on diversity
of citizenship as provided for by 28 U.S.C. § 1332.
Federal jurisdiction based on diversity of citizenship requires that all parties to the action are
completely diverse in citizenship, and that the amount in controversy exceeds $75,000. 28 U.S.C. §
1332. National banks are citizens of “the States in which they are respectively located.” 28 U.S.C. §
1348. In Wachovia Bank v. Schmidt, 546 U.S. 303 (2006), the Supreme Court held that the term
“located” in § 1348 includes at least the state of the bank’s primary office as listed in its articles of
association, but does not include every state in which the bank had a branch office. The Court left
unanswered the question of whether the “located” also includes the state in which the bank has its
primary place of business. Schmidt, 546 U.S. at 315 n.8. This Court finds that based on the legislative
history of the jurisdiction and citizenship statutes, that a national bank is located, and therefore a citizen
for purposes of diversity jurisdiction, in the state of its articles of association and the state of its primary
place of business. Therefore, Plaintiff is a citizen of both South Dakota and California. Complete
diversity is lacking between the parties and jurisdiction is not proper in this Court.
For the foregoing reasons, the above-entitled case is DISMISSED for lack of subject matter
jurisdiction.
IT IS SO ORDERED.
:
Initials of
Preparer
CV-90 (06/04)
CIVIL MINUTES - GENERAL
slw
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