Margareta Collin v. First American Trustee Servicng Solutions LLC et al
Filing
28
ORDER DISMISSING CASE FOR LACK OF SUBJECT MATTER JURISDICTION by Judge John A Kronstadt. On May 3, 2012, this Court issued an Order to Show Cause re Subject Matter Jurisdiction, given that Plaintiffs complaint alleged neither diversity jurisdiction n or federal question jurisdiction in a proper manner. Dkt. 9. The parties were to respond by May 17, 2012. Id. Plaintiff timely responded on May 16, 2012. Dkt. 7. Defendants did not respond. This Court dismisses Plaintiffs complaint without prejudice to its being refiled in an appropriate state court. Case Terminated. Made JS-6. (shb)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.
LA CV12-03376 JAK (SHx)
Title
Margareta Collin v. First American Trustee Servicing Solutions, LLC, et al.
Present: The Honorable
Date
May 21, 2012
JOHN A. KRONSTADT, UNITED STATES DISTRICT JUDGE
Andrea Keifer
Not Reported
Deputy Clerk
Court Reporter / Recorder
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
Not Present
Not Present
Proceedings:
(IN CHAMBERS) ORDER DISMISSING CASE FOR LACK OF SUBJECT
MATTER JURISDICTION JS-6
Plaintiff Margareta Collin (“Plaintiff”) filed this action on April 18, 2012. Compl., Dkt. 1. Plaintiff advances
one cause of action for fraudulent concealment against Defendants First American Trustee Servicing
Solutions, LLC (“First American”) and Wells Fargo, N.A. (“Wells Fargo,” and collectively, “Defendants”).
Dkt. 1.
On May 3, 2012, this Court issued an Order to Show Cause re Subject Matter Jurisdiction, given that
Plaintiff’s complaint alleged neither diversity jurisdiction nor federal question jurisdiction in a proper
manner. Dkt. 9. The parties were to respond by May 17, 2012. Id.
Plaintiff timely responded on May 16, 2012. Dkt. 7. Defendants did not respond.
For the reasons stated in this Court’s May 3, 2012 Order to Show Cause, Dkt. 9, Plaintiff has not met
her burden of demonstrating that this Court has subject matter jurisdiction over this action. Plaintiff’s
May 16, 2012 response states only that jurisdiction is proper because “[t]here are a number of
Constitutional issues and violations of the National BANK Act and International Banking Treaties.”
However, the Complaint raises none of these issues; instead, it contains only a state law cause of
action for fraudulent concealment. In addition, the Court’s May 3, 2012 Order instructed Plaintiff to
provide evidence of the membership of each member of the Limited Liability Corporation First
American. Plaintiff has failed to do so. As a result of Plaintiff’s non-compliance with the Court’s prior
Order, Plaintiff has failed to meet her burden to demonstrate a basis for either federal question or
diversity jurisdiction.
For the foregoing reasons, this Court dismisses Plaintiff’s complaint without prejudice to its being refiled in an appropriate state court.
IT IS SO ORDERED.
:
Initials of Preparer
CV-90 (10/08)
CIVIL MINUTES - GENERAL
ak
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