7937 Song Thrush Trust v. The Bank of New York Mellon

D. Nevada

7937 Song Thrush Trust v. The Bank of New York Mellon

DecidedJanuary 9, 2020

Docket2:18-cv-02184

StatusUnknown

This text of 7937 Song Thrush Trust v. The Bank of New York Mellon (7937 Song Thrush Trust v. The Bank of New York Mellon) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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7937 Song Thrush Trust v. The Bank of New York Mellon, (D. Nev. 2020).

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 7937 SONG THRUSH TRUST, Case No.: 2:18-cv-02184-APG-BNW

4 Plaintiff Order Directing Plaintiff to Respond to Notice of Removal 5 v.

6 THE BANK OF NEW YORK MELLON, et al., 7 Defendants 8

9 Defendant The Bank of New York Mellon (BONY) removed this case on the basis of 10 diversity jurisdiction. ECF No. 1. BONY states in its removal petition that it believes the 11 plaintiff is a citizen of Nevada and California. Id. at 4. BONY alleges that it is a citizen of New 12 York. Id. BONY states that defendants Seaside Trustee, Inc. and Andrew Beroud are Nevada 13 citizens, which ordinarily would destroy diversity jurisdiction. Id. But BONY argues these 14 defendants were fraudulently joined because Beroud died many years ago and because Seaside is 15 the trustee under the deed of trust and claims no interest in the property. Id. at 4-5. BONY thus 16 contends these defendants should not be considered for diversity purposes. 17 Plaintiff 7937 Song Thrush Trust (Trust) has not moved to remand or otherwise 18 responded to BONY’s assertion that these defendants were fraudulently joined. However, I have 19 an independent obligation to examine whether jurisdiction exists. FW/PBS, Inc. v. City of Dallas, 20 493 U.S. 215, 231 (1990). I therefore direct Trust to respond to BONY’s allegations and 21 arguments regarding Trust’s own citizenship and fraudulent joinder. 22 / / / / 23 / / / / 1 I THEREFORE ORDER that by January 31, 2020, plaintiff 7937 Song Thrush Trust shall respond to BONY’s notice of removal and address the plaintiff’s citizenship as well as whether defendants Seaside Trustee, Inc. and Andrew Beroud were fraudulently joined. 4 I FURTHER ORDER that defendant The Bank of New York Mellon may file a reply 5|| within 14 days of Trust’s response. 6 DATED this 9th day of January, 2020. 7 (ge 8 ANDREW P. GORDON 9 UNITED STATES DISTRICT JUDGE

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 7937 SONG THRUSH TRUST, Case No.: 2:18-cv-02184-APG-BNW

4 Plaintiff Order Directing Plaintiff to Respond to Notice of Removal 5 v.

6 THE BANK OF NEW YORK MELLON, et al., 7 Defendants 8

9 Defendant The Bank of New York Mellon (BONY) removed this case on the basis of 10 diversity jurisdiction. ECF No. 1. BONY states in its removal petition that it believes the 11 plaintiff is a citizen of Nevada and California. Id. at 4. BONY alleges that it is a citizen of New 12 York. Id. BONY states that defendants Seaside Trustee, Inc. and Andrew Beroud are Nevada 13 citizens, which ordinarily would destroy diversity jurisdiction. Id. But BONY argues these 14 defendants were fraudulently joined because Beroud died many years ago and because Seaside is 15 the trustee under the deed of trust and claims no interest in the property. Id. at 4-5. BONY thus 16 contends these defendants should not be considered for diversity purposes. 17 Plaintiff 7937 Song Thrush Trust (Trust) has not moved to remand or otherwise 18 responded to BONY’s assertion that these defendants were fraudulently joined. However, I have 19 an independent obligation to examine whether jurisdiction exists. FW/PBS, Inc. v. City of Dallas, 20 493 U.S. 215, 231 (1990). I therefore direct Trust to respond to BONY’s allegations and 21 arguments regarding Trust’s own citizenship and fraudulent joinder. 22 / / / / 23 / / / / 1 I THEREFORE ORDER that by January 31, 2020, plaintiff 7937 Song Thrush Trust shall respond to BONY’s notice of removal and address the plaintiff’s citizenship as well as whether defendants Seaside Trustee, Inc. and Andrew Beroud were fraudulently joined. 4 I FURTHER ORDER that defendant The Bank of New York Mellon may file a reply 5|| within 14 days of Trust’s response. 6 DATED this 9th day of January, 2020. 7 (ge 8 ANDREW P. GORDON 9 UNITED STATES DISTRICT JUDGE

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