Vicki Lynn Barber v. CitiMortgage Inc et al
Filing
8
MINUTE ORDER IN CHAMBERS by Judge Jesus G. Bernal: ORDER To Show Cause re: Subject Matter Jurisdiction. The Court Orders Plaintiff to show cause in writing no later than August 21, 2013 why this action should not be dismissed for lack of subject matter jurisdiction (SEE ORDER FOR DETAILS). (kca)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No.
Date
EDCV 13-01188-JGB (OP)
August 13, 2013
Title Vicki Lynn Barber v. Citimortgage, Inc. et al.
Present: The Honorable
JESUS G. BERNAL, UNITED STATES DISTRICT JUDGE
MAYNOR GALVEZ
Not Reported
Deputy Clerk
Court Reporter
Attorney(s) Present for Plaintiff(s):
Attorney(s) Present for Defendant(s):
None Present
None Present
Proceedings:
ORDER To Show Cause re: Subject Matter Jurisdiction (IN CHAMBERS)
Plaintiff Vicki Lynn Barber filed a Complaint on July 3, 2013. (“Complaint,” Doc. No.
1.) The Complaint alleges that Defendant Citimortgage, Inc. maintains that Plaintiff is in default
on a home loan although Plaintiff has made all payments and fulfilled all obligations of a loan
modification plan entered into by the parties. (Compl. ¶¶ 7-21.) The Complaint alleges
jurisdiction on the basis of diversity. (Compl. ¶ 1.)
“The district courts . . . have original jurisdiction of all civil actions where the matter in
controversy exceeds the sum or value of $75,000, exclusive of interest and costs and is between
citizens of different States . . .” 28 U.S.C. § 1332(a); see also Matheson v. Progressive Specialty
Ins. Co., 319 F.3d 1089, 1090 (9th Cir. 2003) (“[J]urisdiction founded on [diversity] requires that
the parties be in complete diversity and the amount in controversy exceed $75,000"). The
“amount in controversy is determined from the face of the pleadings.” Crum v. Circus Circus
Enters., 231 F.3d 1129, 1131 (9th Cir. 2000).
While the parties satisfy the complete diversity of citizenship requirement of 28 U.S.C. §
1332, Plaintiff fails to allege that the amount in controversy exceeds $75,000.
The Court Orders Plaintiff to show cause in writing no later than August 21, 2013 why
this action should not be dismissed for lack of subject matter jurisdiction.
IT IS SO ORDERED.
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CIVIL MINUTES—GENERAL
Initials of Deputy Clerk MG
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