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CRISTIAN ALVARADO, Plaintiff, v. 360 MORTGAGE GROUP, LLC, Defendant.

NATHANAEL M. COUSINS United States Magistrate Judge

ORDER TO SHOW CAUSE REGARDING DEFECTIVE REMOVAL

Re: Dkt. No. 1

Defendant 360 Mortgage Group, LLC removed this case from California state court on the basis of diversity jurisdiction. Dkt. No. 1 at 3. It is the Court's duty to examine whether it has subject matter jurisdiction over any case before it.

Federal courts are courts of limited jurisdiction and are presumptively without jurisdiction. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). The defendant has the burden of showing removal of a state court action to federal court is appropriate. Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). Removal of a state court action to federal court is appropriate only if the federal court would have had original subject matter jurisdiction over the suit. 28 U.S.C. § 1441(a).

It is not clear that diversity of citizenship exists here, and so the existence of subject matter jurisdiction is uncertain. This is because defendant is a limited liability company, and the citizenship of each member of the company must be considered in the diversity analysis. Carden v. Arkoma Assocs., 494 U.S. 185, 195 (1990); Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). Defendant did not inform the Court of the citizenship of the LLC's members. Thus, the Court ORDERS 360 Mortgage Group to SHOW CAUSE why the Court has subject matter jurisdiction over this case. 360 Mortgage Group must file a response to this order by September 15, 2017. That response may not exceed 5 pages in length. Otherwise, the Court will remand this case to California state court.

IT IS SO ORDERED. Dated: September 1, 2017

/s/_________


NATHANAEL M. COUSINS


United States Magistrate Judge

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Alvarado v. 360 Mortg. Grp., LLC
(Sep 1, 2017)