BMO Bank N.A., formerly known as BMO Harris Bank N.A. v. K&M Transport LLC, a California limited liability company; and Melvyn Martinez also known as Melvyn Martinez Benitez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 BMO BANK N.A., formerly known as Case No. 1:25-cv-01368-KES-SKO
BMO HARRIS BANK N.A.,
ORDER TO SHOW CAUSE REGARDING
SUBJECT MATTER JURISDICTION
Plaintiff, v. (Doc. 1) K&M TRANSPORT LLC, a California limited liability company; and MELVYN MARTINEZ also known as MELVYN
MARTINEZ BENITEZ,
16 Defendants. On October 14, 2025, Plaintiff BMO Bank N.A., a “national banking association,” filed a complaint against Defendants K&M Transport LLC and Melvyn Martinez asserting claims for breach of contract. (Doc. 1 at ¶¶ 40–75.) Plaintiff asserts this Court has subject matter jurisdiction under 28 U.S.C. § 1332. (Doc. 1 ¶ 1.) The burden of establishing subject matter jurisdiction “rests upon the party asserting jurisdiction.” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994); see also Romero v. Securus Techs., Inc., 216 F. Supp. 3d 1078, 1085 (S.D. Cal. 2016) (“As the party putting the claims…