Sanatkar et al v. JP Morgan Chase Bank, N.A. et al
Filing
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ORDER TO SHOW CAUSE Re Subject Matter Jurisdiction. Show Cause Response due by 8/31/2012. Signed by Judge Nathanael M. Cousins on 08/06/2012. (nclc2, COURT STAFF) (Filed on 8/6/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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AMIR H. SANATKAR and VIDA K.
SANATKAR,
Plaintiffs,
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v.
JP MORGAN CHASE BANK, N.A.; FKA
WASHINGTON MUTUAL BANK, F.A.;
TITLE TRUST DEED SERVICE
COMPANY,
Case No. 12-cv-4100 NC
ORDER TO SHOW CAUSE RE
SUBJECT MATTER
JURISDICTION
Re: Dkt. No. 1
Defendants.
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The Court issues this order sua sponte to address concerns regarding the issue of
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subject matter jurisdiction. Plaintiffs Amir and Vida Sanatkar bring this action for
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damages, quiet title, injunctive relief, and declaratory relief against defendants JP Morgan
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Chase Bank, N.A., formerly known as Washington Mutual Bank, and Title Trust Deed
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Service Company. Compl. ¶¶ 1-2, Dkt. No. 1. Plaintiffs invoke federal jurisdiction under
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42 U.S.C. § 1332(c)(1) on the basis of diversity of citizenship. Id.
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“Federal courts are courts of limited jurisdiction.” Kokkonen v. Guardian Life Ins.
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Co. Of Am., 511 U.S. 375, 377 (1994). “A federal court is presumed to lack jurisdiction
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in a particular case unless the contrary affirmatively appears.” Stock West, Inc. v.
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Confederated Tribes of the Colville Reservation, 873 F.2d 1221, 1225 (9th Cir. 1989).
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The party seeking to invoke the court’s jurisdiction bears the burden of establishing
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grounds for the exercise of federal jurisdiction. Scott v. Breeland, 792 F.2d 925, 927 (9th
Case No. 12-cv-4100 NC
ORDER TO SHOW CAUSE
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Cir. 1986). Even if no party challenges subject matter jurisdiction, the court has a duty to
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raise the issue sua sponte. Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992).
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Under 28 U.S.C. § 1332(a), a district court has original jurisdiction over civil
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actions between citizens of different states where the matter in controversy exceeds
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$75,000. 28 U.S.C. § 1332(a). If a litigant is an entity rather than an individual, the form
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of the entity dictates citizenship for purposes of federal subject matter jurisdiction.
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Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). A
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corporation is a citizen both of the state in which it was incorporated and of the state
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where it has its principal place of business. 28 U.S.C. § 1332(c).
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Here, it is assumed that plaintiffs are each citizens of the State of California.
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Compl. ¶ 3. Plaintiffs assert that JP Morgan exists under the laws of the United States
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and “as a result . . . operat[es] as a foreign corporation. Its members and owners are
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citizens of another state.” Id. ¶ 1. Plaintiffs further asserts that Title Trust Deed Service
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Company is “organized and existing under the laws of Delaware.” Id. ¶ 2. Plaintiffs fail,
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however, to allege the state of incorporation and the state where each defendant has its
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principal place of business.
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Because plaintiffs bear the burden of setting forth jurisdictional facts, plaintiffs
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must show cause in writing on or before August 31, 2012, why this case should not be
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dismissed for lack of subject matter jurisdiction. Plaintiffs’ response must properly
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identify the citizenship of defendants JP Morgan and Title Trust Deed Service Company.
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Also, plaintiffs must provide factual allegations to support their assertion that the
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amount in controversy exceeds $1,000,000. See Christensen v. Northwest Airlines, Inc.,
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633 F.2d 529, 530-31 (9th Cir. 1980) (finding lack of subject matter jurisdiction where
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plaintiff’s tort claim could not sustain a judgment over the jurisdictional amount).
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Finally, in light of their pro se status, plaintiffs may wish to seek assistance from
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the Legal Help Center, a free service of the Volunteer Legal Services Program, by calling
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415.782.9000 x8657 or signing up for an appointment on the 15th floor of the
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Courthouse, Room 2796. At the Legal Help Center, plaintiffs may speak with an attorney
Case No. 12-cv-4100 NC
ORDER TO SHOW CAUSE
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who may be able to provide basic legal help, but not legal representation. The Court also
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urges plaintiffs to obtain a copy of the Pro Se Handbook, available free of charge from
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the Court’s website (www.cand.uscourts.gov) or in the Clerk’s Office on the 16th Floor,
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450 Golden Gate Avenue, San Francisco, CA.
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IT IS SO ORDERED.
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DATED: August 6, 2012
____________________________
NATHANAEL M. COUSINS
United States Magistrate Judge
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Case No. 12-cv-4100 NC
ORDER TO SHOW CAUSE
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