Roberts v. Santander Bank, N.A.
Roberts v. Santander Bank, N.A.
Opinion of the Court
Memorandum and Order
Plaintiff Priscilla Roberts (“Roberts”) filed a state court complaint against defendant Santander Bank, N.A. (“Santander”) in Essex County Superior Court on July 21, 2015. [ECF No. 1, Exh. 1,] The Complaint was served on Santander on August 31, 2015, and Santander removed the case to this Court on September 18, 2015 on the basis of diversity jurisdiction. [ECF No. 1.] On October 16, 2015, Roberts filed a Motion to Remand. [ECF No. 7.]
In her complaint, Roberts brings several causes of action related to a deposit she allegedly made at a Santander branch location. Roberts alleges' that she attempted to make a cash deposit of $103,324.00, but Santander only credited her for $13,324.00. In her Motion to Remand, Roberts argues that for purposes of diversity jurisdiction under 28 U.S.C. § 1332, Santander, as a corporation, is a citizen of both the state in which it has been incorporated and the state where it principal place of business is located. Roberts contends that Massachusetts is the principal place of business of Santander, and, therefore, complete diversity does not exist between Santander and Roberts, a Massachusetts'citizen.
In its Notice of Removal, Santander asserts that, for diversity purposes, it is only a citizen of Delaware, the location of its home office, as set forth in its articles of incorporation. Because it is a national banking association [ECF No.' 1, ¶ 4], San-tander is “deemed” a citizen of the state in which it is “located.” 28 U.S.C. § 1348 (“All national banking associations shall, for the purposes of all other actions by or against them, be deemed citizens of the States in which they are respectively located.”).
SO ORDERED.
. In its Notice of Removal, Santander cites to 12 U.S.C. § 1464(x), which states the method for determining the citizenship of a "Federal savings association.” Because Santander is a
Reference
- Full Case Name
- Priscilla ROBERTS v. SANTANDER BANK, N.A.
- Cited By
- 3 cases
- Status
- Published