Ocwen Loan Servicing, LLC v. Corpolo Avenue Trust

Opinion

3 OCWEN LOAN SERVICING, LLC, Case No.: 2:16-cv-02653-APG-NJK

4 Plaintiff Order

5 v.

6 CORPOLO AVENUE TRUST, et al.,

7 Defendants 8

9 According to the complaint, this case was filed in this court based on diversity 10 jurisdiction. ECF No. 1 at 1-2. However, the complaint does not adequately identify the 11 citizenship of Ocwen’s members. See Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 12 894, 899 (9th Cir. 2006) (stating that “an LLC is a citizen of every state of which its 13 owners/members are citizens”). It also does not adequately allege the citizenship of defendants 14 Corpolo Trust; Teals Petal Trust; or Resources Group, LLC. ECF No. 1 at 2-3. 15 Scolymia Properties LLC now seeks to intervene. ECF No. 92. However, the parties 16 have not addressed in their briefs how intervention may impact subject matter jurisdiction. 17 As the party seeking to invoke this Court’s jurisdiction, Ocwen bears the burden of 18 establishing jurisdiction exists. See Naffe v. Frey, 789 F.3d 1030, 1040 (9th Cir. 2015). As the 19 party seeking intervention, Scolymia bears the burden of showing that the requirements to 20 intervene have been met. Citizens for Balanced Use v. Montana Wilderness Ass’n, 647 F.3d 893, 21 897 (9th Cir. 2011); Perry v. Proposition 8 Off. Proponents, 587 F.3d 947, 955 (9th Cir. 2009). 22 I therefore order Ocwen to show cause why I should not dismiss this action for lack of 23 subject matter jurisdiction based on the original parties to the case. Ocwen must also address Scolymia’s intervention may impact subject matter jurisdiction. In its response brief, 2\| proposed intervenor Scolymia must address how its intervention may impact subject matter 3|| jurisdiction, and it may address whether subject matter jurisdiction exists in this case regardless of its intervention. Defendants/counterclaimants Corpolo Avenue Trust, Teal Petals Street Trust, Resources Group, LLC may file a response that addresses both questions. The parties should be prepared to discuss these issues at the November 4, 2022 hearing. 7 I THEREFORE ORDER that by October 7, 2022, plaintiff Ocwen Loan Servicing, LLC shall show cause why this action should not be dismissed for lack of subject matter jurisdiction. The defendants and proposed intervenor may file a response by October 14, 2022. Ocwen may 10]| file a reply by October 21, 2022. 11 DATED this 27th day of September, 2022. 12 CIR 14 UNITED STATES DISTRICT JUDGE

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