| 2012-04-13 |
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0 |
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(IN CHAMBERS)ORDER TO SHOW CAUSE by Judge Josephine Staton Tucker: (1) VACATING HEARING ON MOTION TO DISMISS (Doc. 6) SCHEDULED FOR APRIL 23, 2012, AT 10:00 A.M., AND (2) ORDERING DEFENDANTS TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE REMANDED: The hea ring scheduled for April 23, 2012, at 10:00 a.m. is VACATED. Moving Defendants assert that under Wachovia Bank v. Schmidt, 546 U.S. 303 (2006), and its progeny, a national banking association is a citizen only of the state in which its main office, a s set forth in its articles of incorporation, is located. (Id.) For the reasons set forth in this Court's Order Granting Motion to Remand, Fry v. America's Servicing Co., No. 8:12-cv-00106-JST (MLGx) (C.D. Cal. Apr. 11, 2012), ECF No. 30, t he Court disagrees with this assertion, and concludes that a national bank is also a citizen of the state in which its principal place of business is located. Accordingly, WFB and WFHM are citizens of California, and it appears the requirement of complete diversity is not met. Accordingly, Moving Defendants are ordered to show cause no later than April 23, 2012, why this case should not be remanded for lack of subject matter jurisdiction. (rla) |
2012-04-13 07:17:05 |
ab5d53613a2d4e213e730bda6654fd0dd87dc4ec |