Minor v. The Bank of New York Mellon

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 4 EVETTE MINOR, Case No. 19-cv-08151-JCS 5 Plaintiff, ORDER TO SHOW CAUSE WHY 6 v. CASE SHOULD NOT BE REMANDED 7 THE BANK OF NEW YORK MELLON, et al., 8 Defendants. ? Plaintiff Evette Minor filed this action in the California Superior Court for Sonoma 10 County. Defendants The Bank of New York Mellon and Specialized Loan Servicing, LLC i (“SLS”) removed to this Court asserting diversity jurisdiction under 28 U.S.C. § 1332.

V2 Defendants’ notice of removal asserts that no defendant is a citizen of the same state as Minor (a = 13 California resident), but provides only the following information about SLS: “Plaintiff admits 14 that defendant Specialized Loan Servicing, LLC is organized in the State of Delaware, whit 15 [sic] its principal place of business being Highlands, Ranch Colorado.” Notice of Removal 16 (dkt. 1) 95. The Ninth Circuit has held, however, “that, like a partnership, an LLC is a Il citizen of every state of which its owners/members are citizens”—it 1s not treated like a corporation with citizenship dependent on its state of organization and principal place of Il business. Johnson v Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006).

20 The parties are therefore ORDERED TO SHOW CAUSE why this case should not be 71 remanded to state court for lack of jurisdiction. In light of Minor’s pending application for a 22 temporary restraining order to block a trustee’s sale set for December 30, 2019, the parties must 23 respond to this order no later than 11:00 AM Pacific Standard Time on December 24, 2019 with 24 evidence sufficient to establish whether any member of SLS 1s a citizen of California.

2 IT IS SO ORDERED.

26 Dated: December 23, 2019 CZ 27 ig PH C. SPERO ief Magistrate Judge